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28th Congress, Doc. No. 225. Ho- of Reps. 

1st iSessio/1. Executive. 



UNITED STATES TROC^S IN RHODE ISLAND, (fcc. 



MESSAGE 



THE PRESIDENT OF THE UNITED STATES, 

Artsrcer to a resolution of the House of Representatives relative to the 
emploijment of United States- troops in Rhode Island, and transmitting 
documents in relation to the recent difficulties in that State. 



April 10, 1844. 

Read, and laid upon ihe table. 



To the House of Representatives : 

In compliance with a resokuion of the House of Representatives, of the 
23d of March last, requesting the President to lay before the House " the 
" authority and the true copies of all requests and applications upon which 
" he deemed it his duty to interfere with the naval and military forces of the 
" United States, on the occasion of the recent attempt of the people of Rhode 
" Island to establish a free constitution in the place of the old charter gov- 
'• eminent of that State ; also, copies ol the instructions to, and statements 
" of, the charter commissioners sent to him by the then existing authorities 
" of the State of Rhode Island ; also, copies of the correspondence between 
" the Executive of the United States and the charter government of the 
" State of Rhode Island, and all the papers and documents connected with 
*' the same ; also, copies of the correspondence, if any, between the heads of 
'• departments and said charter government, or any person or persons con- 
" nected with the said government, and of any accompanying papers and 
" documents ; also, copies of all orders issued by the Executive of the 
" United States, or any of the departments, to military officers, for the 
" movement or employment of troops to or in Rhode Island ; also, copies 
*• of all orders to naval officers to prepare steam or other vessels of the 
" United States for service in the waters of Rhode Island ; also, copies of 
" all orders to the officers of revenue-cutters for the same service ; also, 
" copies of any instructions borne by the Secretary of War to Rhode 
" Island, on his visit in 1842, to review the troops of the charter govern- 
" ment ; also, copies of any order or orders to any officer or officers of the 
" army or navy to report themselves to the charter government ; and that 
" he be requested to lay before this House copies of any other papers or 
" documents in the possession of the Executive connected with this subject, 
Blair & Rives, priuters. 



2 Doc. No. 225. ^"^ 

"not above specifically enumerated," — 1 have to inform the House (hat the 
Executive did not deem it his '-duty to interfere with the naval and military 
forces of the United States," in the late disturbances in Rhode Island ; that no 
orders were issued by the Executive, or any of the departments, to military 
officers, for the movement or employment of troops to or in Rhode Island, 
other than those which accompany this raessave, and which contemplated 
the strengthening of the garrison at Fort Adams, which, considering the ex- 
tent of the agitation in Rhode Island, was esteemed necessary and judi- 
cious ; that no orders were issued to naval officers to prepare steam or 
other vessels of the finited States for service in the waters of Rhode Island; 
that no orders were issued " to the officers of the revenue-cutters for said 
service ;" that no instructions were borne by " the Secretary of War to 
Rhode Island, on his visit in 1842 to review (he troops of the charter gov- 
ernmentf that no orders were given to any officer or officers of the army 
or navy to report themselves to the charier government. That " requests 
and applications" were made to the Executive to fulfil the guarantees of the 
constitution, which impose on the Federal Government the obligation to 
protect and defend each State of the Union against "domestic violence and 
foreign invasion ;" but the Executive was at no time convinced that the 
casus foederis had arisen which required the interposition of the military or 
naval power in the controversy which unhappily existed between the peo- 
ple of Rhode Island. I was in no manner prevented from so interfering 
by the inquiry whether Rhode Island existed as an independent State of the 
Union under a charter granted at an early period by the Crown of Great 
Britain or not. It was enough for the Executive to know that she was 
recognised as a sovereign State by Great Britain, by the treaty of 1783; 
that, at a later day, she had, in common with her sister States, poured out 
her blood and freely expended her treasure in the war of the Revolution ; 
that she was a party to the articles of confederation ; that, at an after period, 
she adopted the constitution of the United States as a free, independent, 
and republican State, and that in this character she has always possessed 
her full quota of representation in the Senate and House of Representa- 
tives ; and that, up to a recent day, she has conducted all her domestic 
affairs, and fulfilled all her obligations as a member of the Union, in peace 
and war, under her charter government, as it is denominated by the 
resolution of the House of the 23d of March. I must be permitted to dis- 
claim, entirely and unqualifiedly, the right on the part of the Executive to 
make any real or supposed defiects existing in any State constitution, or 
form of government, the pretext for a failure to enforce the laws or the guar- 
antees of the constitution of the United States in reference to any such State. 
I utterly repudiate the idea, in terms as emphatic as I can employ, that 
those laws are not to be enforced, or those guarantees complied with, be- 
cause the President may believe that the right of suffrage, or any other 
great popular right, is either too restricted or too broadly enlarged. I also, 
with equal strength, resist the idea that it falls within the Executive com- 
petency to decide, in controversies of the nature of that which existed in 
Rhode Island, on which side is the majority of the people, or as to the extent 
of the rights of a mere numerical majority. For the Executive to assume 
such a power, would be to assume a power of the most dangerous charac- 
ter. Under such assumptions, the States of this Union would have no se- 
curity for peace or tranquillity, but might be converted into the mere instru- 
ments of Executive will. Actuated by selfish purposes, he might become 
the great agitator, fomenting assaults upon the State constitutions, and de- 



Doc. No. 225. 3 

darins^ the majority of to day to be the minority of to morrow ; and the 
minority, in its turn, the majority, before whose decrees the established order 
of lhino;s in the S^aie should be subverted. Revolution, civil commotion, 
and bloodshed would be the inevitable consequences. The provision m 
the constitution, intended lor the security of the States, would thus be 
turned into the instrument of their destruction ; the President would be- 
come, in fact, the great constitution-maker for the States, and all power 
would bn vested in his hands. 

When, therefore, the Governor of Rhode Island, by his letter of the 4th 
of April, 1842, made a requisition upon the Executive for aid to put down 
the late disturbances, I had no hesitation in recognising the obligations of 
(he Executive to furnish such aid, upon the occurrence of the contingency 
provided for by the constitution and laws. My letter of the llth of April, 
in reply to the Governor's letter of the 4th, is herewith communicated; to- 
gether with all correspondence which passed at a subsequent day, and the 
letters and documents mentioned in the schedule hereunto annexed. From 
the cdrrespondence between the Executive of the United States and that of 
Rhode Island, it will not escape observation, that, while I regarded it as my 
duty to announce the principles by which I should govern myself in the 
contitjgency of an armed interposition on the part of this Government being 
necessary to uphold the rights of the State of Rhode Island, and to preserve 
its domestic pence, yet that the strong hope was indtilged, and expressed, 
that all the difficulties would disappear before an enlightened policy of con- 
ciliation and compromise. In that spirit, I addressed to Governor King the 
letter of the 9ih of May, 1842, marked "private and confidential," and re- 
ceived his reply of the I2th of May of the same year. The desire of the 
Executive was, from the beginning, to bring the dispute to a termination, 
without the interposition of the military power of the United States; and it 
will continue to be a subject of self-congratulation that this leading object 
of policy was finally accomplished. The Executive resisted all entreaties, 
however urgent, to depart from this line of conduct. Inf)rmation from pri- 
vate sources had led the Executive to conclude that little else was designed 
by Mr. Dorr and his adherents, than mere menace with a view to intimi- 
dation ; nor was this opinion in any degree shaken until the 22d of June, 
1842, when it was strongly represented from reliable sources, as will be 
seen by reference to the documents herewith communicated, that prepara- 
tions were making by Mr. Dorr, with a large force in arms, to invade the 
State; which force had been recruited in the neighboring States, and had 
been already preceded by the collection of military stores, in considerable 
quantities, at one or two points. This was a state of things to which the 
Executive could not be indifferent. Mr. Dorr speedily, afterwards, took up 
his headquarters at Chepachet, and assumed the command of what was 
reported to be a large force, drawn chiefly from voluntary enlistments made 
in neighboring States, The Executive could with difficulty bring itself to 
realize the fact, that the citizens of other States should have forgotten their 
duty to themselves, and the constitution of the United States, arid have en- 
tered into the highly reprehensible and indefensible course of interfering so 
far in the concerns of a sister State as to have entered into plans of invasion, 
conquest, and revolution. But the Executive felt it to be its duty to look 
minutely into the matter; and, therefore, the Secietary of War was d.^- 
spatched to Rhode Island, with instructions, a copy of which is herewith 
transmitted ; and was authorized, should a requisition be made upon the 



4 Doc. No. 225. 

Executive by the Government of Rhode Island in pursuance of law^, and 
the invaders should not abandon their purposes, to call upon the Governors 
of Massachusetts and Connecticut for a sufficient number of mihtia at once 
to arrest the invasion, and to interpose such of the reo^ular troops as could 
be spared from Fort Adams for the defence of the city of Providence, in the 
event of its bein^ attacked, as was strongly represented to be in contempla- 
tion. Happily, there was no necessity for either issuing the proclamation or 
the requisition, or for removing the troops from Fort Adams, where they 
had been properly stationed, Chepachet was evacuated, and Mr. Dorr's 
troops dispersed, without the necessity of the interposition of any military 
force by this Government ; thus confirming me in ray early impressions, 
that nothing more had been designed, from the first, by those associated with 
Mr. Dorr, than to excite fear and apprehension, and thereby to obtain con- 
cessions from the constituted authorities, which might be claimed as a tri- 
umph over the existing government. 

With the dispersion of Mr. Dorr's troops ended all difficulties. A con- 
vention was shortly afterwards called, by due course of law, to amend the 
fundamental law; and a new constitution, based on more liberal principles 
than that abrogated, was proposed and adopted by the people. Thus the 
great American experiment of a change in government, under the influ- 
ence of opinion, and not of force, has been again crowned with success; 
and the State and people of Rhode Island repose in safety under institutions 
of their own adoption, unterrified by any future prospect of necessary 
change, and secure against domestic violence and invasion from abroad. 1 
congratulate the country upon so happy a termination of a condition of 
things which seemed, at one time, seriously to threaten the public peace. It 
may justly be regarded as worthy of the age and of the country in which 
we live. 

JOHN TYLER. 

Washington, D. C, April 9, 1844. 



Doc. No. 225. 5 

Schedule of letters and papers in relation to the Rhode Island troubles. 

No. 1. The affidavit of Samuel Currey, made before Judge Pitman, of 
Providence, R. I., as to the proceedings and arming of the suffrage men. — 
Providence, R. I., February 5, 1842. 

No. 2. A resolution, passed by the suffrage party at Cumberland, R. I., to 
be ready, at a moment's warning, to carry into effect the people's constitu- 
tion.— March 1, 1842. 

No. 'S. From Samuel W. King, Governor of Rhode Island, to the Presi- 
dent of the United States, (two letters of the same tenor,) dated Providence, 
R. [., April 4, 1842; calling upon the President for the aid of the force, &c. 
of the United States, as guarainied by the constitution of the United States; 
and appoinfincr Messrs. Whipple, Francis, and Potter, a committee to confer 
on the revolutionary condition of Rhode Island. 

No. 4. From the President of the United States to Governor King of 
Rhode Island, in reply to the Governor's requisition for constitutional pro- 
tection, made in his two aforesaid letters. — April II, 1842. 

No. 5. From Henry Bawen, Secretary of Stale of Rhode Island, to the 
Presid'=nt of the United States, April 7, 1842, transmitting, by order of Gov- 
ernor King, the affidavits of Messrs. Stoddard, Hoppie. Currey, Frieze, 
Robinson, and Wilkinson, in relatiotj to Rhode Island affairs. 

No. 6. From John Whipple to the President of the United States, April 
9, 1842, asking an audience for the committee appointed bv Governor King 
to wait on the President; asserting that the freeholders differ in opinion, not 
with the President, but with the insurgenivS. 

No. 7. The statement by the Rhode Island committee, of the political 
condition of the State of Rhode Island. — Washington, I). C, April 10, 1842. 

No. 8. From Governor S. W. King, of Rhode Island, to the President of 
the United States, May 4, 1842, transmitting resolutions by the Assembly 
of Rhode Island as to the insurrectionary movement in that State, calling 
upon the President for his interference, and empowering the Governor to 
transmit the same. 

No. 9. The President's reply to the Governor's letter. May 7, 1842: the 
President having been informed, since the receipt of the above, of the dis- 
soiuiion of the uisurgent force, recommends still a conciliatory course by 
the State Government ; and assures the Governor that, if the attempts to 
stippress any lawless violence by civil posse should prove ineffectual, he 
will comply with the constitutional guaranty. 

No 10. From Thomas W. Dorr, insurgent Governor of Rhode Island, 
to the President of the United States, transmitting resolutions of the insur- 
gent Assembly of Rhode Island, that the President of the United States 
and Congress be informed that the Government and Assembly were elec- 
ted, and the latter is in session. 

No. 1 1. From the President of the United States to the Governor of 
Rhode Island, (private and confidential,) May \K 1842; giving his views as 
to the policy to be pursued by the Government of Rhode Island towards 
the insurgents. 

No. 12. The Governor of Rhode Island in reply, May 12, 1842, stating 
that his views coincide with those of the President ; and as to the probable 
action of the Assembly at its approaching session, in regard to calling a 
convention to form a new constitution on more liberal pruiciples than the 
present one. 

No. 13. From E. R. Potter to the President of the United States, May 



a Doc. No. 225, 

15, 1842: states that the present is the best time for concession on the purt 
of the Government of Rhode Island ; that the only objection to calHng a 
convention to form a constitution on a more hberal basis, is the idea of 
conceding under threats of the insurgents, and that prudence is required 
on both sides to end all difficulties peaceahly. 

No. 14. The President in reply to this, May 20, 1842, as to the propriety 
of a conciliatory course on the part of the Government of Rhode Island. 

No. 15. From Thomas A Jenckes, private secretary to the Governor of 
Rhode Island, to the President of the United States, May 16, 1842, trans- 
mitting a paper containinor Governor Dorr's proclamation to the people of 
Rhode Island. 

No. 16. From the Governor of Rhode Island to the President of the 
United States, May 25, 1842, stating that Dorr, since his flight, is organ- 
izing troops indifferent Stales; and, in consequence, calls upon the Presi- 
dent for military aid : transmits a letter from Governor Seward. 

No. 17. The President in reply to the same, May 28, 1842 ; in effect, that 
he does not conceive the danger of Dorr's invasion of Rhode Island im- 
minent ; but, should it occur, he will afford the desired aid, in the manner 
prescribed by the laws. 

No. 18, Copies of letters of Secretary of War to Colonel Jas. Bankhead 
and General Eustis, and of President's instructions; also of President's 
directions to Secretary of War to proceed to Rhode Island, and of procla- 
mation.— May 28, 29,— June 29, 1842. 

No. 19. From Daniel Webster to the President of the United States, New 
York, June 3, 1842, transmitting a report, by a confideniial agent, under 
same date, in relation to the slate of affairs in Rhode Island. (Report en- 
closed.) 

No. 20. From Colonel Jas. Bankhead to the Secretary of War, Provi- 
dence, R. 1., June 22, 1842; reports the landing of several cases of mus- 
kets, and of several mounted cannon at Woonsocket; powder stolen ; the 
landing of Dorr at Norwich, Ct.; and the expected invasion of Rhode 
Island by Dorr in great force, <fec., &.c. 

No. 21. From E. J. Mallett to Postmaster General, confirming the rumor 
that 48 kegs of gunpowder had been stolen by the insurgents from a pri- 
vate powder house at Providence, R. I. — June 22, 1842. 

No. 22. From Thomas M. Burgess to the President of the United StateSj 
transmitting a letter from the Governor of Rhode Island, giving a state- 
ment of the proceedings of the insurgents. — June 23, 1842. 

No. 23. President's reply enclosed. — June 2.o, 1842. 

No. 24. The affidavits of Messrs. Peckham, Harris, Shelley, and Keep, 
in relation to the insurgents of Rhode Island, (transmitted by the Hon. 
Mr. Sprague.)— June 23, 1842. 

No. 25. From Adjutant E. D. Townsend to the Secretary of War, June 
23, 1842, reporting, by order of Colonel Bankhead, that, in consequence of 
an interview with the Governor of Rhode Island, the Colonel had turned 
back on his route to New York. 

JNo. 26. From Colonel Jas. Bankhead to the Secretary of War, June 
23, 1842 — reports that, in consequence of an interview with Governor King, 
who intercepted him on his route to Governor's island, he returned to 
Providence, and will proceed to Newport, R. I. 

No. 27. From Colonel Jas. Bankhead to Adjutant General R. Jones,. 
June 23, 1842 — reports his having started for Fort Columbus, but, from a 



Doc. No 225. 7 

a new aspect in tFie affairs of Khode Island, and at the solicitation of Gov- 
€rnor Kins^, has returned. 

No. 28. From Colonel Jas. Bankhead to Adjutant General Jones, June 
27, 1842, in relation to Dorr's military force and position. 

No. 29. From Messrs. Simmons;, Sprojrne, and Tillinjjhast, to the Presi- 
dent of the United States, VVashiiigtoii, 1), C, June 27, 1842, on the state 
of affairs in Rhode Island. 

N. B. Received the same eveninof. 

No. 30. From the President of the United States to the Secretary of War, 
June 29, 1842, instructing him to publish a proclamation, and to perform 
other duties, in case of a requisition being made for the power and force of 
the United States. 

No. 31, Extracts of letters from Hon. Mr. Potter to the President, and 
from the President in reply, October, 1842, as to the new constitution, and 
that it will please the people. 

No. 32. From the Governor of Rhode Island to the President of the 
United States, June 23, 1842, stating the course pursued by the insurg-ents, 
and askiuif the interposition of the Executive to prevent domestic violence. 
(Enclosed in letter of Thomas M. Burgess, of June 23, 1842.) 

No. 33. The President's reply to the above, June 25, 1842; informs the 
Governor that the law lequires the application for aid to be made by the 
Legislature of the State. 

No. 34. F>om William H. Smith and John S, Harris, secretaries of a 
meeting called the people's convention, transmitting to the Governor of 
Rhode Island a copy of the constitution adopted ; report of committee 
upon the votes given in therefor; and resolutions of the convention de- 
clariUory of its adoption. — January 13, 1842. 

No. 35. Depositions of Charles T, Martin, John F, Pond, and William 
S. Slater, relaiive to the movements of the insurgents. — June 24, 1842. 

No. 36. Miliiary orders, through Major General Scott, from April 11, 
1842, to June 11, 1842, inclu^iive. 

Printed documents and newspapers. 

November 18, 1841. — Constitution of the State of Rhode Island, as 
finally adopted by the people's convention, assembled at Providence, No- 
vember 18, 1841, 

February 19, 1842. — Constitution of the State of Rhode Island, adopted 
by the conveniion assembled at J^rovidence February 19, 1842. 

March 15, 1S42. — Opinion of the supreme court on the proceedings of 
the people ?;.s-. the Government of Rhode Island. 

April 4, 1842. — Governor King's proclamation to the people of Rhode 
Island. 

April 4, 1842. — Report of the committee of the Legislature on the action 
of the Assembly on the constitution. 

Resolution giving the Governor authority to act. 

Act of the Legislature. 

Charters and legislative documents, illustrative of Rhode Island history. 



8 Doc. No. 225. 

No. 1. 

I, Samuel Currey, of the city of Providence, in the State of Rhode 
Island, &c., attorney at law, on oath do testify and say. Thatl have just had 
a conversation with Fianklin Cooley, of this city, concernino- our political 
difficulties which threaten the peace of this State and the lives of its citi- 
zens, in which conversation tiie said Cooley informed me most distinctly 
that a messenger or individual had this day gone to Boston, Massachusetts, 
to procure two thousand stand of arms ; that this supply of arms was for 
the use of those who were about to enforce the people's constitution against 
the authority, civil and military, of the existing state of government. The 
said Mr. Cooley is well known to me as a prominent character ainon^ those 
who have formed and who adhere to the so-called people's constitution; 
and there is no doubt in my mind but he spoke from good authority when 
he gave me the aforesaid information. Another gentleman of the same party 
with Mr. Cooley mentioned the same fact to me within five minutes after 1 
received it from Mr. Cooley. I have no reason to doubt the correctness of 
the said statements, but rather to confide in the truth of them. Mr, Cooley, 
in the same conversation, stated it to me, as his undoubted belief, that the 
party which he liad been acting with would immediately desist from all 
violent proceedings, if required so to do by proclamation of the President 
of the United States; and referring to the deputation about to set out from 
and on behalf of this State, to lay tlie present difficulties before the General 
Government, expressed a hope that the President would decide, for one 
party or the other, speedily, in order that we might all know our duty, and 
thus avoid bloodshed, which we believed would certainly occur unless the 
General Government should interpose its authority between the contending 
parties. I do not in this affidavit undertake to give the precise language 
used by Mr. Cooley in the aforementioned conversation, but only its main 
efiect and substance. I felt it my duty immediately to communicate the 
same to one of the gentlemen composino: the deputation to Washington, 
and, by request, have given this affidavit thereof. 

SAMUEL CURREY. 
United States of America. ^ 
Rhode Island district, ^ 

In Providence, on this 5th day of February, A. D. 1842, personally ap- 
peared the above named Samuel Curry, a gentleman of veracity to me well 
known, and made oath to the truth of the statement by him above under- 
scribed before me. 1 do certify that I heard the above named Franklin 
Cooley state also the fact that the above arms had been sent for as above 
stated, and I have every reason to believe it to be true. 

JOHN PITMAN, 
District Judge of the United States 

for Rhode Island district. 



No. 2. 



At a meeting on Cumberland hill, March 1, 1S42 — 
Resolved, That we stand ready, at a moment's warning, with our lives 
and honor, to carry into full effect the people's constitution according to the 
conditions of the same, unless otherwise ordered by the General Govern- 
ment of the nation. 



Doc. iNo. 225. 9 

No. 3. 

Providence, April 4, 1842. 

Sir : The State of Rhode Island is threatened with domestic violence. 
Apprehending that the Leo^jslatiire cannot be convened in sufficient season 
to a;'ply to the Government of the United States for effectual protection in 
this case, I hereby apply to yon, as the Executive of the State of Rhode 
Island, for the protection which is required by the constitution of the 
United States. To communicate more fully with you on this subject, I 
have appointed .lohn Whipple, John Brown Francis, and Elisha R. Potter, 
esquires, three of our most distinguished citizens, to proceed to Washington, 
and to make known to you, in behalf of this State, tfie circumstances 
which call for the interposition of the Government of the United States 
for our protection. 

I an), sir, very respectfully, your obedient servant, 

SAMUEL VV. KING, 

Governor of Rhode Island. 

The President of the United Statks. 



Providence, April 4, 1842. 

Sir: For nearly a year last past, the State of Rhode Island has been 
agitated by revolutionary movements, and is now threatened with domestic 
violence. 

The report of a joint committee of both branches of the Legislature of 
this State, with an act and resolutions accompanying the same, herewith 
communicated, were passed unanimously by the Senate, and by a vote of 
sixty to six in the House of Representatives. The Legislature adjourned 
to the first Tuesday of May next. 

It has become my duty, by one of these resolutions, to adopt such 
measures as, in my opinion, may be necessary, in the recess of the Legis- 
lature, to execute the laws, and preserve the State from domestic violence. 
The provisions of the said act "in relation to offences against the sovereign 
power of this State," has created much excitement among that portion of 
the people who have unequivocally declared their intention to set up 
another government in this Slate, and to put down the existing govern- 
ment; and tliey threaten, individually and collectively, to resist the execu- 
tion of this act. The numbers of this party are sufficiently formidable to 
threaten seriously our peace; and in some portions of the State, and in 
this city particularly, may constitute a majority of the physical force, though 
they are a minority of the people of the State. 

Under the dangers which now threaten us, I have appointed John 
Whipple, John Brown Francis, and Elisha R. Potter, esquires, three of our 
most distinguished citizens, to proceed to Washington, and consult with you 
in behalf of tfiis State, with a view that such precautionary nieasures may 
be taken by the Government of the United States as may afford us that 
protection which the constitution of the United States requires. There is 
but little doubt but that a proclamation from the President of the United 
States, and the presence here of a military officer to act under the authority 
of the United States, would destroy the delusion which is now so prevalent, 
and convince the deluded that, in a contest with the government of this 



10 Doc No. 225. 

State, they would be involved in a contest with the Government of the 
United .States, which conldoniy eventuate in their destruction. 

As no State can keep troops in time of peace, without the consent of 
Conofress, there is the more necessity that we should be protected by those 
who have the means of protection. We shall do all we can for ourselves. 
The Governmnnt of the United States has the power to 7jr<='i7e/i/, as well 
as to defend us from, violence. The protection provided by the constitu- 
tion of the United States will not be effectual, unless such precautionary 
measures may be taken as are necessary to prevent lawless men from break- 
ino- out into violence, as well as to protect the State from further violence 
after it has broken out. Preventive measures are the most prudent and 
safe, and also the most merciful. The protective power would be lament- 
ably deficient, if "the betrinniiiff of strife," which "is like the lettin^' out 
of waters," cannot be prevented, and no protection can be afforded the State 
until, to many, it would be too late. 

The above-named gentlemen are fully authorized to act in behalf of the 
State of Rhode Island in this emergency, and carry with them such docu- 
ments and proof as will, no doubt, satisfy you that the interposition of the 
authority of the Government of the United States will be salutary and 
effectual. 

I am, sir, verv respectfully, your obedient servant, 

SAMUEL W. KING, 

Governor of Rhode Island. 

The President of the United States. 



No. 4, 



Washington, April 11, 1842. 

Sir.: Your letter, dated the 4th instant, was handed me on Friday by 
Mr. Whipple, who, in company with Mr. Francis and Mr. Potter, called 
upon me on Saturday, and placed me, both verbally and in writing, in pos- 
session of the prominent facts which have led to the present unhappy con- 
dition of things in Rhode Island— a state of things which every lover of 
peace and good order must deplore. I shall not adventure the expression of 
an opinion upon those questions of domestic policy which seem to have 
given rise to the unfortunate controversies between a portion of the citizens 
and the existing government of the Slate They are questions of muni- 
cipal regulation, the adjustment of which belongs exclusively to the people 
ol Rhode Island, and with wliich this Government can have nothing to 
do. For the regulation of my conduct in any interposition which I may 
be called upon to make between the government of a State and any portion 
of its citizens who may assail it with domestic violence, or may be in ac- 
tual insurrection against it, I can only look to the constitution and laws of 
the United States, which plainly declare the obligations of the executive de- 
partment, and leave it noalternative as to the course it shall pursue. 

By the fourth section of the fourth article of the constitution of the 
United States, it is provided that "the United States shall guaranty to 
every State in this Union a republican form of government, and shall pro- 
tect each of them against invasion ; and, on application of the Leoislature, 
or of the Executive (when the Legislature cannot be convened,) against do- 



Doc. No. 225. 11 

mesiic violenceJ^ And by the act of Congress, approved on the 28th of 
February, 1795, it is declared "that, in case of an insurrection in any State 
against the government thereof, it shall be lawful lor the President of the 
United States, upon application of the Legislature ot such State, or by the 
Executive (wlien tlie IjOgislatnre cannot be convened.) to call forth such 
numbers of the militia of any other State or States as may be applied for, 
as he may judge sufficient to suppress such insurrection." By the 3d 
section of tfie same act, it is provided " thut whenever it may be necessary, 
in the judgment of the President, to use the military force hereby directed 
to be called forth, the President shall forthwith, by proclamation, command 
such insurgents to disperse and retire peaceably to their respective abodes 
within a reasonable time." By the act of March 3, 1807, it is provided 
'•that, in all cases of insurrection, or obstruction to the laws, either of the 
United Slates or of any individual State or Territory, where it is lawful for 
the President of the United States to call forth the militia for the purpose of 
suppressing such insurrection, or of causing the laws to be duly executed, 
it shall be lawhil for him to employ, for the same purposes, such part of the 
land or naval force of the United Stales as shall be judged necessary, hav- 
ing first observed all the prerequisites of the law in that respect." 

This is the first occasion, so far as the ijovernment of a State and its 
people are concerned, on which it has become necessary to consider of the 
propriety of exercising those high and most important of constitutional and 
legal functions. 

By a careful consideration of the above-recited acts of Conaress. your 
excellency will not fail to see that no power is vested in the Executive of 
the United States to anticipate insurrectionary movements against the Gov- 
ernment of Rhode Island, so as to sanction the interposition of the military 
authority; but that there must be an actual insurrection, manifested by law- 
less assembliiges of the people or otherwise, to whom a procliunaiioii may 
be addressed, and who may be required to betake themselves to their re- 
spective abodes. 1 have, however, to assure your excellency, that, should 
the time arrive (and my fervent prayer is that it may never come) when an 
insurrection shall exist against the Government of Rhode JslanrJ, and a 
requisition shall be made upon the Executive of the United States to 
furnish that proteciion which is guarantied to each State by the constitution 
and laws, I shall not be found to shrink from the [)erforuiaiice of a duty, 
which, while it would be the most painful, is, at the same time, the most 
im[)erative. 1 have also to say, that, in such a contingency, the Flxecutive 
could not look into real or supposed defects of the existing government, in 
order to ascertain whether some other plan of o:overnment proposed for 
adoption was better suited to the wants, and more in accordance with the 
wishes, of any portion of her citizens. To throw the executive power of 
this Government info any such controversy, would be to make the Presi- 
dent the armed arbitrator between the people of the difierent States and 
their constituted authorities, and might lead to a usurped power, dangerous 
alike to the stability of the State Governments and ihe liberties of the peo- 
pl(\ It will be my duty, on the contrary, to respect the requisitions of that 
government which has been recognised as the existing government of the 
State ihrouoh all time past, until I shall be advised, in regular manner, that it 
has been altered and abolished, and another substituted in its place, by legal 
and peaceable proceedings, adopted and pursued by ilie authorities and people 
of the State. Nor can I readily bring myself to believe that any such conlin- 



12 Doc No. 225. 

gency will arise as sh;ill render the interference of this Government at all ne- 
cessary. The people of the State of Rhode Island have been too long distin- 
guished for their loveof order and of regular government, to rush into revo- 
lution in order to obtain a redress of grievances, real or supposed, which a 
a government under which iheir fathers lived in peace would not in due 
season redress. No portion of her people will be willing to drench her fair 
fields with the blood of their own brethren, in order to obtain a redress of 
grievances, which their constituted authorities cannot for any length of 
time resist, if properly appealed to by the popular voice. None of them will 
be willing to set an example, in the bosom of this Union, of such frightful 
disorder, such needless convulsions of society, such danger to life, liberty, 
and property, and likely to bring so much discredit on the character of pop- 
ular governments. My reliance on the virtue, intelligence, and patriotism 
of her citizens, is great and abiding; and I will not doubt but that a spirit 
of conciliation will prevail over rash counsels ; that all actual grievances 
will be promptly redressed by the existing government; and that another 
bright example will be added to the many already prevailing among the 
North American republics, of change without revolution, and a redress of 
grievances without force or violence. 

I tender to your excellency assurances of my high respect and considera- 
tion. 

JOHN TYLER. 

To his Excellency the Govkrnor of Rhode Island. 



No. 5. 



Skcketarv's Office, Rhode hland, April 7, 1842. 
Sir: At the request of the Governor, I have the honor to enclose to you 
the within documents. 

With great respect, your obedient servant, 

HENRY BOW EN. 
The Prrsident of the United Statks. 



I, Martin Stoddard, of the city and county of Providence, State of Rhode 
Island, &-C., on oath declare: That I was president of [present at] a mass 
convention holden at Newport, in this State, on the 5th day of May 
last, the object of which convention, as I understood atid believed at the 
time, was to concert measures to procure an extension of the elective 
franchise in this State. At that conventitm, I should judge there were two 
thousand people present. Whether iht^y^were all citizens of this State or 
not, 1 am not able to say ; or whether they were all favorable to the objects 
of the meeting, I cannot state. At said convention sundry resolutions were 
passed, the tenor of which I have forgotten, but which were published 
shortly after in the "New A^^e^'''' the reputed organ of the suffrage party; 
and a " State committee," so called, was elected at said convention, viva voce, 
to whom were delegated the powers of concerting measures to effect an ex- 
tension of suffraii'e. and to adopt measures, if necessary, to obtain a written 
constitution for this State. Some time after the 5th day of July, 1841, 



Doc No. 225. IB 

said commitlee sent out a call to the people of this State, requesting them 
to elect delegates to a State convention, to be holden at Providence early in 
the month of October, A. D. 1841, for the purpose of framing a constitu- 
tion for this State. That call, according to the best of my recollection, 
requested the male citizens of this State, of 21 years of age and upwards, 
to assemble in open meetings in their different towns, and elect delegates 
to said convention. Said delegates were elected by votes, upon the back 
of which each voter wrote his name, accordinof to the best of my informa- 
tion, and were elected upon a ratio of populaiion suggested by said State 
committee. At these meetings no negative votes were given, and no one, 
that 1 know or heard of, not friendly to this informal proceeding, taking an v 
part therein. About 7,200 votts were cast in the whole State for these 
delegates, as 1 was in ormed, and verily believe. The delegates thus 
elected assembled in Providence on the 4th or 5th day of October, A. D. 
1841, sat in convention for about one week, and adjourned till some time 
in November, A. D. 1841. They then reassembled, and framed a constitu- 
tion, and ordered the same to be voted for on the 27th, 28th, and 29th days 
of December, A. 1). 1811, in open meetings ; and provided that during tlie 
three successive days, all those persons qualified to vote for said constitu- 
tion who had been prevented, bt/ sickness, or other causes, from attending 
said open meetings, might bring in, or send in, their votes by other persons, 
and deposite the same with the mdividual who presided at the open meet- 
Higs. All 7nah citizens of the State, of 21 years and upwards, were au- 
thorized to vote upon the adoption of said constitution ; and the persons 
presiding at said meeting were neither by the terms of the constitution 
voted for, nor by any law of the State, qualified to administer oaths or 
affirmations; and, of course, no mode was presented in the manner of 
voting to prevent fraudulent voting, nor legal responsibility incurred on 
the part of the persons presiding for receiving fraudulent votes. No person, 
with the exception of about eighty or one hundred individuals opposed to 
said constitution, took any part in voting upon said constitution — a large 
portion of the people of the State considering the movement illegal and 
revolutionary, especially as the constituted authorities of the State had, as 
early as January or February, A. D. 1841, called a convention of delegates, 
to be elected by the qualified electors of the State, to assemble in the montii 
of November, A. D. 1841, for the purpose of framing a constitution, or 
part of a constitution, as to said convention might seem proper, for the 
government of the State. The votes thus received for the constitution thus 
informally elected, to be sent to an adjourned session of said convention, 
holden at Providence in January last, to be counted. At that adjourned 
session, said votes given as above were, as this affiant believes, counted; 
and, according to the best of this affiant's recollection, the published account 
stated there were 13,944 votes given in for said constitution, and some SO 
or 100 votes against it ; and it was then proclaimed by said convention to 
have been adopted, and that the same should go into effect at the time 
mentioned in said constitution. 

The convention called by the General Assembly of the State, at its 
January session, A. D 1841, to be holden in the month of November, 
A. D. 1841, met; and, after being in session two weeks, adjourned till 
some time in February last; when they again assembled, and, having fin- 
ished the business assigned to them, presented to the people of the State 
for their adoption or rejection, a constitution, by the provisions of which 



14 Doc. No. 225. 

the right of suffrage was very liberally extended, and was to be voted for 
on the 21st, 22d, and 23d days of March last, in open town meetings or- 
ganized according to law, and where all necessary oaths could be ad- 
ministered, to prevent illegal voting. Said constitution was rejected, and 
its most hostile opponents were found among those who, one year ago, 
were petitioners to the General Assenibly of this State for an extension oi 
the right of suffrage; a large, very large majority of those qualified to vote 
under the existing statute laws of this State, who voted upon that question, 
voted, as this affiant verily believes, for the adoption of said constitution. 

Since the rejection of said constitution, and especially within the last two 
or three days, a spirit of determined opposition to the existing government 
of this State has manifested itself among many of our citizens. This 
feeling is seen and manifested among those who, during the last year, 
have exhibited so much anxiety for an extension of the right of suffrage. 
These persons contend that the constitution made and adopted in manner 
herein first mentioned — that said constitution is the supreme law of this 
State, and, as such, they will defend it at all and every hazard. And 
this affiant believes, from what he has seen and heard, thai large masses of 
men in this State are arming themselves to resist, by arms, any effort that 
may be made on the part of the constituted authorities of this State to en- 
force such laws as are necessary to prevent a subversion of the existing 
government. This affiant states that a large portion of the last mentioned 
people truly believe that in this effort they will be sustained by the General 
Government, and that the government which they may set up under their 
pretended constitution will be recognised by the Government of these 
United States as the legal government of this State. This affiant therefore 
verily believes that, without some interference on the part of the Executive 
of these United States, the peace and quiet of this State cannot be pre- 
served, and that all the horrors of civil war will, and must, be suffered 
by our people. 

MARTIN STODDARD. 

United States of America, ) ^^ 
Rhode Island district, \ 
On this 6th day of April, A. D. 1842, personally appeared the above- 
named Martin Stoddard, well known to me, and, 1 believe, a gentleman of 
veracity, and made oath to the truth of the statement above, by him sub- 
scribed before me, 

JOHN PITMAN, 
District Judge U. S., for Rhode Island district. 



I, Hamilton Hoppin, of Providence, in the State of Rhode Island, on 
oath do testify and say : That, in a conversation which I and two other per- 
sons had with David M. Hamilton of this city, on the 5th instant, (Tues- 
day,) the said David stated that, in case of an outbreak and violence in this 
State, the Boston Montgomery Guards were ready to assist those who sup- 
port the people's constitution ; that this had been arranged and agreed on ; 
that one of the sergeants of the said guards was then in this city, and that 
about 125 or 150 of the muskets of the said guards were deposited in his 
house, and he offered to show them if we would step over with him. His 



Doc No. 225. U 

house is within 20 or 25 rods of my father's; and the said David is well 
known to me as a naturalized Irishman of properly, and influence among 
his class of citizens. This is the snbst;mce and effect of the ^aid conversa- 
tion. 

HAMILTON IIOPPIN. 



I, Samuel Currey, of Providence, ni the State of Rhode Island, on oath 
do testify and suy : That I was last evening informed by one Douglas Sea- 
mans, of this city, that he had good reasons to know that the party who 
threaten to carry the (so-culled) people's constitution into effect, had provided 
themselves with from four to five thousand stand of arms ; tliat they were 
ready at a moment's warning to take the field ; that they were determined 
to resist force by force, and put down the existing government at all hazards. 
The said Seamans boards at the hotel with me, is an adherent e>f the party 
opposed to law and order, and it is my firm belief that he said the foregoing 
upon good and sufficient authority. I have other reasons for believing the 
same facts, and have no doubt, from these atid other statements which 
have been made to me, ihat the peace of the State, the lives and property 
of our citizens, are in imminent danger. The said Seamans meant to 
convey the impression that the aforemerjtioned arms were distributed among 
the people of this city, and that his party were of that strength here, in- 
dependently of their forces in other parts of the State. 

SAMUEL CUKREY. 

United Statrs of America, 7 
Rhode Island distrkt. 3 * 

On this sixth day of April, A. D. 1842, personally appeared the above- 
mentioned Hamilton Hoppin and Samuel Currey, and made oath to the 
truth of the facts contained in the statements by them above respectively 
subscribed before me. And I certify that they are persons entithd to 
credit. 

JOHN PITMAN, 
District, Jiidij[e of the United, States 

for Rhode Island district. 



The following statement of facts relative to the proceedings of the party 
from which has emanated the people's constitution, (so called,) is made partly 
from recollection, and partly from the official publications of the above- 
named party: 

On Saturday, April 17, 1841, the Rhode Island Suffrage Association, lo- 
cated in the city of Providence, together with the auxiliary associations in 
various other towns and villages in the State, assembled at Providence by 
previous appointment, and held what was termed a mass meeting. Tlie 
assemblage was very large — containing, probably, from six to eight thousand; 
and in the procession were many banners, with inscriptions — some of the 
latter calculated to produce the impression that the party had intended and 
determined to effect a change in the form and principles of government in 
the State, at all hazards. Among these were, " I die for liberty," 
"Peackably if we can, forcibly if we must," &.C. Nothing very 
material occurred at the above convention or meeting ; but in a few day's 



16 Doc. No. 225. 

subsequent to it, another was appointed, with the mutual understanding 
of the various associations, and also individuals, to be held at Newport 
on Wednesday, May 5th, the day of the general election at that place for the 
State of Rhode Island. This convention, or rather mass meeting, (for it 
was a perfectly voluntary as^semblage,) consisted, as near as could be con- 
veniently ascertained, of about five thousand people,as coii'puted by its friends, 
and pnl)lished in the otiicial organ of the party at the time. At that meet- 
ing a resolution, among others, was passed to appoint a State committee, with 
powers to call a convention of the people to form a constitution fur the 
State. In conformity with this resolution, a committee was appointed, con- 
sisting of eleven members. The proceedings were strictly of an ex-parte 
character, as none were permitted to act at the meeting but those who 
wore the badge of the suffrage party, or were otherwise recognised as 
its friends and supporters. (See New Age, June 18th, 1841.) 

Subsequent to the meeting at Newport, no other movements occurred of 
an extraordinary character, or of much importance, except a passage of 
resolutions occasionally at the meetings of the associations, the celebration 
of the anniversary of American Independence at Providence, and more 
particularly the meeting of the State committee at Providence, and the 
measures taken by that committee to call a convention to form a State con- 
stitution. (See New Age, June 18, 1841.) The meetings for the choice of 
delegates from the several wards and towns to attend that convention, were 
directed to be held on Saturday, August 28, 1841. Previous to the issue of 
the call for this convention, the General Assembly had issued a call lor a con- 
vention of the freemen of the State to form a constitution ; and the meetings 
for the choice of delegates to this convention had, at the same time, been 
ordered to take place on Tuesday, August 31, 1841. Thus the State com- 
mittee intentionally took precedence of the General Assembly in point of 
time, and maintained that precedence throughout, as did also tlie (so called) 
people's convention over that one summoned and acting under the legis- 
lative authority. And, as far as I knew, or was able to learn, that course 
was pursued by the leaders, or a portion of the leaders of that party, 
that, by premature action and ultra measures, they might counteract the 
efforts of the legal convention, render its labors abortive, and secure 
themselves the support of a large popular majority in the State — to revo- 
lutionize the government, peaceably or forcibly, as the case might be. 

The meetings for the choice of delegates, and those for the adoption of 
the people's constitution, were, of course, destitute of sworn officers, and 
without legal responsibility. The number of votes for delegates in the en- 
tire State was about 7,001). (See New Age, September 3, 1841.) For the 
adoption of the constitution, the number was said to be 13.944, and was 
so returned. As near as I have been able to judge, about 9,500 of these 
were received on the first three days ; and the remainder, by proxy, on the 
last three days. Of the manner in which these meetings and the voting 
were conducted, (except at the 3d ward polls in the city of Providence, 
where 1 attended myself,) 1 can say nothing ; though it was then, and 
has been since, supposed that uniformity prevailed, in a great measure, in 
most parts of the State. In the above-named ward, no evidence was re- 
quired, on either occasion alluded to, of the qualification to vote of any 
one who offered, except his own yea or nay : and even of foreigners, 
strangers, or otfierwise, no naturalization papers, or other evidence of citi- 
zenship, was required. During the last three days, or days of proxy voting, 
I was informed by the warden or moderator, and clerk, that a large number 



Doc. No. 225, 17 

■of votes were deposited in the ballot-box, which had been received from 
seamen and others, then absent, previous to their departure; and I have 
reason to suppose that, from persons who did not attend the polls at all 
in that ward, some two or three hundred votes were cast, or said to be cast. 
Similar proceedings, it was understood, were had throughout the State. 

I know that some, at least, of the most prominent men in that party, 
(and 1 think many, if not all of them,) were extremely anxious that the 
legal convention should not form a constitution that would be acceptable 
to the people; that they declared they would not vote for one, word 
for word like their own, or even better than their own ; and that, let 
what would come, they would carry their constitution into effect, and 
organize and establish a government on it, by force if necessary. And 
such, 1 have reason to believe, has been, from the first, and still continues 
to be, the spirit and feeling of the members of that party in general. 
Much of that spirit 1 have seen manifested, and many threats of violence 
in case of resistance to their measures ; nor have 1 any reason to sup- 
pose that they were lightly or idly uttered or intended. 1 have long 
been conversant with the party of which I have spoken, and I think 1 un- 
derstand their feelings ; and, from the treatment 1 have invariably re- 
ceived when opposing even all intimations of violence, am fully persuaded 
that a firm resolve pervades their ranks never to give back from their pur- 
pose, if they can perceive a probability of its execution by any means in 
their power. As further evidence of this, refer to resolutions of the State 
convention, passed at Providence, Wednesday, January 12, 1842, and the 
motto on their flag, which was, and still is, " The constitution is adopted^ 
und shall be maintainedy 

JACOB FRIEZE. 

Providence, ^/'n/ ^5 1842, 



5.*; 



United States of America, 
Rhode Island district, 

On this 6th day of April, A. D. 1842, personally appeared the before- 
named Jacob Frieze, subscribed to the foregoing statement, and solemnly 
affirmed that the facts therein stated were true, before me ; and I certify that 
the said Jacob Frieze is a man of respectability and entitled to credit. 

JOHN PITMAN, 
District Judge of the United States 

for Rhode Island district. 



I, Christopher Robinson, of Cumberland, in the county of Providence 
and State of Rhode Island, on oath declare : That I am a native of Rhode 
Island, and, for the last eighteen months, have been a member of the State 
Legislature. This affiant further states, that, in the spring of 1841, accord- 
ing to the best of this affiant's recollection, meetings of individuals, in many 
towns in this State, were organized under the name of " suffrage associa- 
tions ;" the objects of which associations were ostensibly to procure an ex- 
tension of the elective franchise in this State. In the month of May last, 
a mass meeting of the people of this State, friendly to the purpose of said 
associations, was called by the suffrage association in the city of Providence, 
to be holden in Newport, in this State, on the 5th day of said month, for 
2 



18 Doc. No. 225. 

the purpose of concerting measures to effect the object of said associations. 
Said mass meeting was holden at said Newport at the time aforesaid, at 
which a State committee was elected, vested with authority by said mass 
meeting to call, if necessary, a State convention. Another mass meeting 
of the people, friendly to the objects of said "suffrage associations," was 
holden in the city of Providence on the 5th day of July, 1841, at which 
this affiant believes it was resolved to call a convention of the people of the 
State for the purpose of framing a constitution for the government thereof. 
In the month of July, 1841, according to the best of this affiant's recollec- 
tion, papers were circulated in the town of Cumberland, and this affiant 
presumes in other towns, for the purpose of procuring the signatures of the 
citizens to an expression of their wishes either for or against having a con- 
stitution for the State. How many signatures were obtained to said papers, 
this affiant does not know. Early in llie month of August last, a call was 
made by the State committee who were elected at the mass convention at 
Newport, directed to the people of this State, and requesting the male citi- 
zens thereof, who were of the age of 21 years and upwards, to assemble in 
their different towns in open meetings, and elect delegates to a convention 
to be holden at Providence on the 5th day of October, A. D. 1841, according 
to the best of this affiant's recollection, lor the purpose of framing a consti- 
tution of this State. Said meetings were holden in the different towns in 
this State, as this affiant understood and verily believes ; at which said meet- 
ings no negative votes were given, as this affiant has heard and verily be- 
lieves; and which meetings were not recognised by any law of this State, 
and the officers of which said meetings did not act under any legal obliga- 
tion, nor did they return a record of iheir doings to any legal body in this 
State. The delegates elected as aforesaid assembled in the city of Provi- 
dence at the time appointed, and, after being in session one week, adjourned 
to meet in the city of Providence on the 15th day of November following, 
at which time said convention reassembled and completed the formation of 
a constitution ; which said constitution was ordered by said convention to 
be voted for on the 27th, 28th, and 29th days of December, 1841, in open 
meetings ; and the three successive days were allowed by said convention 
for those persons who were prevented by sickness, or other causes, from at- 
tending the open meetings, to bring or send in their votes to the persons 
who presided at the open meetings. All persons over the age of 21 years, 
resident in the State, were allowed, as this affiant recollects, to vote upon 
the question of its adoption, and the voter was requested to express upon 
the back of his vote that he was qualified to vote by the existing laws of 
this State or not, and also to declare that he was an American citizen of the 
age of 21 years, and had his permanent residence or home in this State. 
On this vote the name of the voter was written. The convention ordered 
said votes, after the expiration of the said six days, to be sealed up and sent 
to said convention, at an adjourned session of said convention in said Prov- 
idence, holden on the — day of January, A. D. 1842, for the purpose of 
being counted. Said convention met on said — day of January, A. D. 
1842, counted said votes, declared that a majority of the people of this 
State over the age of 21 years, had voted for said constitution, and pro- 
claimed that the same was the supreme and paramount law of the State. 
On the 19th day of February, A. D. 1842, a convention, called by the Gen- 
eral Assembly of this State at their January session, A. D. 1841, sent out 
to the people of this State a constitution for their adoption or rejection, and 



Doc. No. 225. 

ordered the same to be voted for on the 2lst, 22d, and 23d days of March 
last, by the people of this State who were qualified to vote under its provis- 
ions — said voting to be had in open town meetings, and the presiding officer 
of the same duly authorized to administer all necessary oaths, to prevent 
illegal and fraudulent voting. 

Before the rising of said last convention called by the General Assem- 
bly and elected by the qualified electors of the State, meetings were held in 
various parts of the State by the friends of the '< people's constitution," (as 
the constitution emanating from the first convention herein described was 
called,) in which said meeting the constitution proposed by the convention 
called by the General Assembly was denounced as a usurpation of the 
power of the people, and in which it was determined to stand by and defend 
the first constitution at all hazards. 

On the 26th day of February, A. D. 1842, a meeting of persons friendly 
to the first-named constitution was holden in the village of Woonsocket, 
in the town of Cumberland, in which said village this affiant resides, [at 
which meeting] the two following resolutions were passed : 

Resolutions passed at Woonsocket^ February 26. 
" Resolved^ That the people^s constitution we will maintain at all and 

EVERY HAZARD. 

^^ Resolved,That we, as one man, will, by every means in our power, 
oppose the adoption of this spurious constitution, nor abate our efforts until 
it shall be one of the things that were." 

And, on the Isi day of March, A. D. 1842, another meeting of the friends 
of the first constitution was holden in the town of Cumberland, at which 
said meeting the following resolutions were passed : 

Resolutions passed at Cooke's Hotel^ Cumberland., March 1. 

" Resolved, That we will peaceably submit to the authorities of this 
State until a certain day named in the people's constitution, when we toill 
not be governed by any power but snck as is provided by the constitution^ 
unless forced by the strong arm of power. 

" Resolved, That the time may come when further forbearance will cease 
to be a virtue, and we shall consider that time as arrived whenever there is 
any hindrance to the peaceable action of the people's constitution. 

'• Resolved, That we stand ready, at a moment's warning, with our lives 
and honor, to carry into full effect the people's constitution, according to 
the conditions of the same, unless otherwise ordered by the General Gov- 
ernment of this nation." 

This affiant states that he was not present at any of the above meetings, 
and knows of the passage of the said resolutions only by reaiding them in 
the newspapers, and hearing those who set up the people's constitution (so 
called) as the supreme law of the State acknowledging that such reso- 
huions were passed, and avowing in their conversation the same sentiments 
and same determination ; and this affiant further states, that he has heard 
many individuals threaten to enforce said constitution by arms, if necessary; 
and this affiant farther states that he verily believes that there are now in 
this State large bodies of men who have pledged themselves, by a resort to 
arms, if necessary, to resist any attempt on the part of the Government to 
enforce the act entitled " An act in relation to offences against the sovereigrt 
power of the State ;" and this belief is founded on the declarations, openl^' 
and boldly made, by those of our people who have been made to believe 



20 Doc. No. 2-25. 

that the first-named constitution, informally made and informally voted for, 
is the supreme law of the Slate. 

This affiant resides in a large manufacturing village — a large portion of 
the male population of which over the age of 21 years believe that said 
constitution, made without law, is the supreme law ot the State, and will be 
so recognised by the constituted authorities of the United States. To those 
authorities they appear alone willing to yield ; and this afiiant verily be- 
lieves that any intimation from the Executive of the United States as to 
the validity of said constitution will settle the whole difficulties, which have 
now assumed the character of open and determined opposition to the present 
government of this State. 

CHRISTOPHER ROBINSON. 

United States of America, / 
Rhode Island district, S 
On this 6th day of April, A. D. 1842, personally appeared the above 
named Christopher Robinson, to me well known to be a gentleman of ve- 
racity, and a member of the Rhode Island bar, and a member of the Gene- 
ral Assetubly of this State, and made oath to the truth of the statement by 
him above subscribed, before me, 

JOHN PITMAN, 
District Judge of the. United States 

for Rhode Island district. 

I, Edward S. Wilkinson, of the village of Pawtucket, in the town of 
North Providence, and State of Rhode Island, on oath depose : That, on the 
5th day of April, A. D. 1842, notices were pasted up in various places in 
said village, calling upon the friends of suffrage to meet at the Pawtucket 
Hotel on the evening of the said 5th day of April, for the purpose of forming 
a " militia company." One of the handbills calling said meeting is here- 
unto annexed. And this affiant further says, that the written portion of 
said handbill is in the handwriting of John S. Dispean, a constable of said 
town of North Providence, who is known to this affiant to be a leading and 
active member of the party who supports the " people's constitution," so 
called. And this affiant further says, that a meeting was held in said village 
in pursuance of said call ; but of the doings of said meeting this affiant is 
not apprized. And this affiant further says, that he is well acquainted with 
Isaac T. Jenks, and that he is a duly commissioned deputy sheriff in said 
Pawtucket, and that his statements are entitled to the fullest credit. 

EDW. S. WILKINSON. 

1, Isaac T. Jenks, of said Pawtucket, certify that the facts in relation to 
the handbill contained in the affidavit of Edw. S. Wilkinson are true, and 
that the annexed is one of the original handbilla ; and furthermore, that 
the written part of said handbill is in the handwriting of John S. Dispean, 
and said handbills were posted up by said Dispean, to my own knowledge, 

ISAAC T. JENKS. 

United States of America, 1 . 
Rhode Island district, \ 
On this 6th day of April, A D. 1842, personally appeared the above- 
named Edward S. "Wilkinson and Isaac T. Jenks, subscribers to the fore- 



Doc. No. 225. 21 

going affidavits, and made oath to the truth of the same as by them sub- 
scribed before me ; and I further certify that the said Edward S. Wilkinson 
is well known to me as a gentleman of veracity and character, and that he 
is a Representative in the General Assembly of this State. 

JOHN PITMAN, 
District Judge of the United States 

for Rhode Island district. 

Paper produced and annexed to the above depositions, as referred to. 

JOHN PIFMAN, 
District Judge of the United States 

for Rhode Island district. 

SUFFRAGE MEETING. 

The citizens of Pawtucket and vicinity, friendly to a constitution and an 
equal representation in the State of Rhode Island, are requested to meet at 
the Pawtucket Hotel this 5th day of Aprils at 7 o^clock. A punctual attend- 
ance of all those interested in the cause is solicited, to form a militia com- 
pany. By order of the executive committee, 

PAWTirCKET, R. I. 



No. 6. 

April 9, 1842. 

My dkar Sir: Will you do me the favor to see the committee from 
Rhode Island, as soon after the meeting of the cabinet as may suit your 
convenience? 

I regret to learn from Mr. Francis that the leanino: of your mind was de- 
cidedly asainst any expression of opinion upon the subject, upon the ground 
ihat free suffrage must prevail. Undoubtedly it will. That is not the ques- 
tion. The Ireeholders of Rhode Island have yielded that point; and the 
only question is, between their constitution, providing for an extension of 
suffrage, and ours, containing substantially the same provision. Whether 
their constitution shall be carried out by force of arms., without a majority; 
or the present government be supported until a constitution can be agreed 
upon that will command a majority. Neither their constitution nor ours 
has, as yet, received a majority of the free white males over twenty-one 
years ot' age. There is no doubt upon that subject; and I very much re- 
gret that your mind should have been influenced (if it has) by the paper 
Called the Express. Nearly all the leaders, who are professional men, have 
abandoned them, on the ground that a majority is not in favor of their con- 
stitution. I knoic this to be true. I do hope that you will reconsider this 
vital question, and give us a full hearing before you decide. 

VVith great respect, very truly and sincerely, yours, 

JOHN WHIPPLE. 



No. 7. 



WashingtOxV, April 10, 1842. 

The undersigned having l)een deputed by Samuel W. King, the Gov- 
ernor of the State o{ Rhode Island, to lay before you the present alarming 



22 Doc. No. 225. 

condition in which the people of that State are placed, and to request from 
you the adoption of such prudential measures as, in yuur opinion, may 
tend to prevent domestic violence, beg leave most respectfully to state the 
following, among the leading facts, to which your attention is more particu- 
larly invited. 

That the people of Rhode Island have no fundamental law, except the 
charter of King Charles the Second, granted in 1663, and the usage of the 
Legislature under it. Legislative usage under their charters has been de- 
cided by the Supreme Court of the United States to be the fundamental 
law, both in Connecticut and Rhode Island. 

That, from the date of the Rhode Island charter down to the year 1841, 
a period of nearly two hundred years, no person has been allowed to vote 
for town or State officers, unless possessed of competent estates, and admit- 
ted free in the several towns in which they resided. 

That, since the statute of 1728. no person could be admitted a freeman 
of any town unless he owned a freehold estate of the value fixed by law, 
(now, one hundred and thirty-four dollars,) or was the eldest son of such a 
freeholder. 

That, until the past year, no attempt has been made, to our knowledge, 
to establish any other fundamental law, by force, than the one under which 
the people have lived for so long a period. 

That, at the January session of the Legislature in 1841, a petition, 
signed by five or six hundred male inhabitants, prayin^"^ for such an exten- 
sion of suffrage as the Legislature might in their wisdom deem expedient 
to propose, was presented. 

That, influenced by that petition, as well as by other considerations, the 
Legislature at that session requested the qualified voters (or freemen, as 
they are called with us) to choose delegates at their regular town meetings^ 
to be holden in August, 1841, for a convention to be holden in November, 

1841, to frame a written constitution. 

That the result of the last meeting of this legal convention in February, 

1842, was the constitution accompanying this statement, marked ,. 

which, in case of its adoption by the people, would have been the supreme 
law of the State. 

Most of the above facts are contained in the printed report of a numer- 
ous committee of the Legislature at their session in March, 1842, which 
report was adopted by the Legislature. 

That, in May, 1841, after said legal convention had been provided for by 
the Legislature, and before the time appointed for the choice of delegates 
by the qualified voters, (August, 1841.) a mass meeting was held by the 
friends of an extension of suffrage at Newport, at which meeting a com- 
mittee was appointed, called the State committee, who were authorized by 
said mass meeting to take measures for culling a convention to frame a con- 
stitution. 

That this committee, thus authorized, issued a request for a meeting of 
the male citizens in the several towns, to appoint delegates to the proposed 
convention. 

That meetings (of unqualified voters, principally, as we believe) were ac- 
cordingly holden in the several towns, unauthorized by law, and contrary 
to the invariable custom and usage of the State from 1663 down to that 
period ; that the aggregate votes appointing the delegates to that conven- 



Doc No. 225. 23 

tion were, according to their own estimate, about 7,200 ; whereas the whole 
number of male citizens over 21 years of age, after making a deduction 
for foreigners, paupers, (fee , was, according to their own estimate, over 
22,000. 

That this convention, thus constituted, convened in Providence, in Oc- 
tober, 1841 ; and the constitution, called the " people's constitution," was the 
result of their deliberations. 

That, at subsequent meetings of portions of the people, in December, 
1841, by the authority of this convention alone, (elected, as its delegates 
had been, by about one- third of the voters, according to their own stand- 
ard of qualification,) all males over 21 years of age were admitted to vote 
for the adoption of the people's constitution. That these meetings were 
not under any presiding officer, whose legal right or duty it was to inter- 
pose any check or restraint as to age, residence, property, or color. 

By the 14th article of this constitution, it was provided that "this con- 
stitution shall be submitted to the people for their adoption or rejection 
on Monday, the 27th of December next, and on the two succeeding days; 
"and every person entitled to vote as aforesaid, who, from sickness or other 
causes, may be unable to attend and vote in the town or ward meetings, 
assembled for voting upon said constituiioii, on the days aforesaid, is request- 
ed to write his name on a ticket, and to obtain the signattire, upon the back 
of the same, of a person who has given in his. vote, as a witness thereto; 
and ihe moderator or clerk of any town or ward meeting convened for the 
purpose aforesaid shall receive such vote on either of the three days next 
succeeding the three days before named for voting for said constitution." 

During the first three days, about 9,000 votes were received from the 
hands of the voters in the open meetings. By the privilege granted to any 
and all friends of the constitution, of bringing in to their meetings the 
names of voters during the three following days, 5,000 votes more were 
obtained — making an aggregate of about 14,000 votes. 

This constitution, thus originating and thus formed, was subsequently 
declared by this convention to be the supreme law of the land. By its pro- 
visions, a government is to be organized under it, by the choice of a Gov- 
ernor, Lieutenant Governor, Senators and Representatives, on the Monday 
preceding the third Wednesday in April, 1842. 

By the provisions of the " land holders^ constitution," (as the legal consti- 
tution is called,) every white native citizen, possessing the freehold qualifi- 
cation, and over 21 years of age, may vote upon a residence of one year; 
and without any freehold, may vote upon a residence oitwo years; except in 
the case of votes for town taxes, in which case the voter must possess the 
freehold qualification, or be taxed 'or other property of the value of $150. 

By the "people's constitution," ''every white male citizen of the United 
States, of the age of 21 years, who has resided in this State for one year, and 
in the town where he votes for six njonths," shall be permitted'to vote, with 
the same exception as to voting for town taxes as is contained in the other 
constitution. 

The provision, ther-efore, in relation to the great subject in dispute— the 
elective franchise— is^ substantially the same in the two constitutions. 

On the 2l3t, ^2d, and 23d March last, the legal constitution, by an act of 
the Legislature, was submitted to all persons who, by its- provisions, would 
be entitled to vote under it, after its adoption, for. their ratification. It was 
rejected by a rnajority of 676 votes, the number of votes polledvbeing.over 



24 Boc. No. 225. 

16,000. It is believed that many freeholders voted against it, because they 
were attached to the old form of government, and were against any new 
constitution whatever. Both parties used uncommon exertions to bring all 
their voters to the polls ; and the result of the vote was, under the scrutiny 
of opposing interests in legal town meetings, that the friends of the people's 
constitution brought to the polls probably not over 7,000 to 7,500 votes. 
The whole vote against the legal constitution was about 8,600. If we allow 
1,000 as the number of freeholders who voted against the legal constitution 
because they are opposed to any constitution, it would leave the number of 
the friends of the people's constitution 7,600, or about one-third of the voters 
of the State, under the new qualification proposed by either constitution. 

It seems incredible that there can be 14,(>00 friends of the people's consti- 
tution in the State, animated, as they are, by a most extr-tordinary and en- 
thusiastic feeling; and yet, upon this trial, in the usual open and fair way 
of voting, they should have obtained not over 7,600 votes. 

The unanimity of the subsequent action of the Legislature, comprehend- 
ing, as it did, both the great political parti(!S — the House of Representatives 
giving a vote of 60 in favor of maintaining the existing government of the 
State, and only 6 on the other side, with a unanimous vote in the Senate — 
the unanimous and decided opinion of the supreme court declaring this 
extraordinary movement to be illegal in all its stages, (see ,) a major- 
ity of that court being of the democratic party — withoti er facts of a similar 
character, have freed this question of a mere party character, and enabled 
us to present it as a great constitutional question. 

Without presuming to discuss the elementary and fundamental princi- 
ples of government, we deem it our duty to remind you of the fact that the 
existing government of Rhode Island is the government that adopted the 
constitution of the United States, became a member of this confederacy, 
and has ever since been represented in the Senate and House of Represen- 
tatives. It is, at this momer)t, the existing government of Rhode Island, 
both de facto and dt jure ; and is the only government in that State enti 
tied to the protection of the constitution of the United States. 

It is that government which now calls upon the General Government for 
its interference ; and even if the legal effect of there being an ascertained 
majority of unqualified voters against the existing government were as is 
contended for by the opposing party, yet, upon their own principle, ought 
not that majority in point of fact to be clearly ascertained, not by assertion, 
but by proof, in order to justi'y the General Government in withdrawing its 
legal and moral influence to prevent domestic violence? 

That a domestic war of the most furious character will speedily ensue, 
unless prevented by a prompt expression of opinion here, cannot be doubted. 
In relation to this, we refer to the numerous resolutions passed at meetings 
of the friends of the people's constitution, and more especially lo the Cum- 
berland resolutions, herewith presented, and the affidavits marked , 

.and to repeated expressions of similar reliance upon the judgment of the 
.Chief Magistrate of the nation. 

All of which is respectfully submitted by 

JOHN WHIPPLE, 
JOHN BROWN FRANCIS, 
ELISHA R. POTTER. 
.His Excellency John Tyler, 

President of the United States. 



Doc. No. 225, 25 

No. 8. 

Newport, R. I., May i, 1842. 
Sir: I transmit, hen^with, certain resolutions passed by the General As- 
sembly of this State, at their session holden at Newport on the first Wed- 
nesday of May instant. 

Yon are already acquainted with some of the circumstances which have 
rendered necessary the passage of these resolutions. Any further informa- 
tion that may be desired will be communicated by the hearers, the honorable 
Richard K. Randolph, Speaker of the House of Representatives, and Elisha 
R. Potter, ef^^q.. a member of the Senate of this State. 

I caimot allow myself to doubt but that the assistance to which this State 
is entitled under the constitution of the United States, to protect itself against 
domestic violence, will be promptly rendered by the General Government of 
the Union. 

With great respect, I am your excellency's humble servant. 

SAM. W. KING, 
Governor of Rhode Island. 
To his Kxcellency John Tyler, 

President of the United States. 



State of Rhode Island and Providence Plantations, 
la Gnneral Assembly , May session^ 1842. 

Whereas a portion of the people of this State, for the purpose of subvert- 
ing the laws and existing government thereof, have framed a pretended 
constitution, and for the same unlawful purposes have met in lawless assem- 
blages, and elected officers for the future government of this State: and 
whereas the persons so elected, in violation of law, but in conformity to the 
said pretended constitution, have, on the third day of May instant, organized 
themselves into executive arjd legislative departments o( government, and, 
under oath, assumed the duties and exercise of said powers : and whereas, 
in order to prevent the due execution of the laws, a strong military force 
was called out, and did array themselves to protect the said unlawlul or- 
ganization of government, and to set at defiance the due enforcement of 
law: 'I'herefore, 

Resolved by the General Assembly, That there now exists in this State 
an insurrection against the laws and constituted authorities thereof; and 
that, in pursuance of the constitution and laws of the United States, a re- 
quisition be, and hereby is, made by this Legislature upon the President of the 
United States, forthwith to interpose the authority and power of the United 
States to suppress such insurrectionary and lawless assemblages, to support 
the existing government and laws, and protect the State from domestic 
violence. 

Resolved, That his excellency the Governor be requested immediately 
to transmit a copy of these resolutions to the President of the United States. 

True copy — 

Witness: HEiNRY BOWEN, 

Secretary of State. 



26 Doc. No. 225. 

State of Khode Island and Providence Plantations, 
/Secret aiy^s Office^ May 4, 1842. 
I, Henry Bowen, Secretary of said State, and keeper of the records and 
the seal thereof, do certify that the foregoing is a trne copy of the resolu- 
tion passed by the General Assembly of said State, this fourth day of May 
instant — duly compared. 

In testimony whereof, 1 have hereunto set my hand, and affixed the seal 
[l. s.] of said State, at Newport, the day and year above written. 

HENRY BOWEN. 



No. 9. 



Washington, May 7, 1842. 

Sir: Your letter of the 4th instant, transmitting resolutions of the Le- 
gislature of Rhode Island, informing me that there existed in that State 
"certain lawless assemblages of a p 'riion of the people," "for the purpose 
of subverting the laws and overthrowing the existing government," and 
calling upon the Executive " ft>rthwith to interpose the authority and power 
of the United Slates to suppress such insurrectionary and lawless assem- 
blages, and to support the existmg government and laws, and protect the 
State from domestic violence," was handed me yesterday by Messrs. Ran- 
dolph and Potter, 

I have to inform your excellency, in reply, that my opinions as to the 
duties of this Government to protect the State of Rhode Island against do- 
mestic violence remain unchanged. Yet, from information received by the 
Executive since your despatches came to hand, I am led to believe that the 
lawless assemblages, to which reference is made, have already dispersed, 
and that the danger of domestic violence is hourly diminishing, if it has 
not wholly disappeared. I have with difficulty brought myself at any 
time to believe that violence would be resorted to, or an exigency arise, 
which the unaided power of the State could not meet — especially as 1 have, 
from the first, felt persuaded that your excellency, and others associated 
with yourself in the administration of the government, would exhibit a 
temper of conciliation as well as of energy and decision. To the insur- 
gents themselves, it ought to be obvious, when the excitement of the mo- 
ment shall have passed away, that changes achieved by regular, and. if ne- 
cessary, repeated appeals to the constituted authorities, in a country so 
much under the influence of public opinion, and by recourse to argument 
and remonstrance, are more likely to ensure lasting blessings than those 
accomplished by violence and bloodshed on one day, and liable to over- 
throw, by similar agents, on another. 

I freely confess that I should experience great reluctance in employing 
the military power of this Government against any portion of the people ; 
but, however painful the duty, I have to assure your excellency that, if 
resistance be made to the execution of the laws of Rhode Island by such 
force as the civil posse shall be unable to overcome, it will be the duty of 
this Government to enforce the constitutional guarantee — a guarantee given 
and adopted mutually by all the original States, of which number Rhode 
Island was one, and which, in the same way, has been given and adopted 
by each of the States since admitted into the Union ; and if an exigency of 



Doc. No. 225. 27 

lawless violence shall actually arise, the Executive Government of the 
United States, on the application of your excellency, under the authority 
of the resolutions of the Legislature already transmitted, will stand ready 
to succor the authorities ot the State in their efforts to maintain a due 
respect for the laws. 1 sincerely hope, however, that no such exigency 
may occur, and that every citizen of Rhode Island will manifest his love of 
peace and good order, by submitting to the laws, and seeking a redress of 
grievances by other means than intestine commotions. 

I tender to your excellency assurances of my distinguished consider- 
ation. 

JOHN TYLER. 

To the Governor of the State of Rhode Island. 



No. 10. 



Sir: As requested by the General Assembly, 1 have the honor of trans- 
mitting to yoi), under the seal of the State, the accompanying resolutions ; 
and I am^ very respectfully, 

Your obedient servant, 

THOMAS W. DORR, 
Governor of the State of Rhode Island and Providence Plantations. 

To John Tyler, President of the United States. 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. 

General Assembly, — May Session, 

In the city of Providence^ A. D. 1842. 

Resolved^ That the Governor be requested to inform the President of the 
United States that the government of ihis State has been duly elected and 
organized under the constitution of the same ; and that the General As 
sembly are now in session and proceeding to discharge their duties, accord- 
ing to the provisions of said constitution. 

Resolved, That the Governor be requested to make the same communi- 
cation to the President of the Senate, and to the Speaker of the House of 
Representatives, to be laid before the two Houses of the Congress of the 
United States. 

Resolved, That the Governor be requested to make the same communi- 
cation to the Governors of the several States, to be laid before the respective 
Legislatures. 

A true copy. 

Witness, WM. H. SMITH, 

Secretary of State. 



No. IL 

[Private and confideiuial.l 

May 9, 1842. 

Sir: Messrs. Randolph and Potter will hand you an official letter; but I 
think it important that you should be informed of my views and opinions 



28 Doc. No. 225. 

as to the best mode of settling: all difficulties. I deprecate the use of force, 
except in (he last resort; and I am persuaded that measures of conciliation 
will at once operate to produce quiet. 1 am well advised, if the Gen- 
eral Assembly would authorize you to announce a general amnesty and 
pardon for the past, without making any exception, upon the condition of a 
return to allegiance, and follow it up by a call for a new convention upon 
somewhat liberal principles, that all difficulty would at once cease. And 
why should not this be done? A government never loses anything by 
mildness and lorbearance to its own citizens; more especially when the 
consequences of an opposite course may be the shedding of blood. In your 
case, the one-half of your people are involved in the consequences of recent 
proc^;edings. Why urge matters to an extremity? If you succeed by the 
bayonet, you succeed against your own fellow citizens, and by the shed- 
ding of kindred blood ; wliereas, by taking the opposite course, you will 
have shown a paternal care for the lives of your people. My own opinion 
is, that the adoption of the above measures will give you peace, and insure 
you harmony. A resort to force, on the contrary, will engender, for years 
to come, feelings of animosity. 

I have said that I speak advisedly. Try the experiment ; and if it fail, 
then your justification in using force becomes complete. 

Excuse the freedom I take, and be assured of my respect. 

JOHN TYLER. 

Governor King, of Rhode Island. 



No. 12. 



Providknck, (R. I..) May 12, 1842. 

My dear Sir: I have had the honor to receive your communication of 
the 9th instant, by Mr. Randolph, and assure you it has given me much 
satisfaction to know that your views and opinions as to the course proper 
to be pursued by the government of this State, in tlie present unhappy con- 
dition of our political affairs, is so much in conformity with my own. 

Our Legislature will undoubtedly, at their session in June next, adopt 
such measures as will be necessary to organize a convention for the form- 
ation of a new constitution of government, by which all the evils now com- 
plained of may be removed. 

It has already been announced, as the opinion of the Executive, that such 
of our citizetis as are or have been engaged in treasonable and revolution- 
ary designs against the Stale will be pardoned for the past, on the condition 
only that they withdraw themselves from such enterprise, and signify their 
return to their allegiance to the government. 

With high consideration and respect, your obedient and very humble 
servant, 

SAML. W. KING. 

His Excellency the President of the United States. 



Doc. No. 225. 29 

No. 13. 

Kingston, (R. I.,) May 15, 1842. 

Dear Sir: We arrived at Newport on Wednesday morning, in time to 
attend the meeting of onr Legislatnre. 

Thesnhject of calling a convention immediately, and upon a liberal basis 
as to the right of voting lor the delegates, wns serionsly agitated amongst 
us. The only objection made was, that they did not wish to concede while 
ih^ people's party continued their threats. All allowed tliat the concession 
must be made, and the only ditlerence of opinion was as to time. 

For my own part, 1 lear we shall never see the time when concession 
could have been made with better grace, or with better eifect, than now. 
If two or three voisy folks among the suffrage parly could only have their 
mouths stopped for a week or two, a reconciliation could be brought about 
at any tune. Or, if Mr. Dorr would allow himself to be arrested peaceably, 
and give bail, no one could then object. But the supporters of the gov- 
ernment say it is wrong to give up so long as Mr. Dorr tijreatens actual 
resistance to the laws in case he is arrested. If this could be done, they 
would then consider that they had sufficiently shown their determitiation 
to support the laws ; and the two measures which you proposed to us in 
conversation at Washington — a convention, and then a general amnesty — 
would succeed beyond a doubt. 

Allow me to suggest that if Mr. Wickliffe, or some one whom you might 
think would have most influence, would address a letter to Governor Fen- 
ner on the subject of conciliation, it might be of great service. Governor 
F. is the father-in law of General Mullett, and a member of our Senate. 

Our Assembly adjourned to the third Monday of June; but it is in the 
power of the Governor to call it sooner, which can be done in a day at any 
tmie. Unless, however, there is a little more prudence in the leaders on 
both sides, we shall then be farther from reconciliation than now. The 
great mass of both parlies I believe to be sincerely anxious for a settlement. 

1 do not know whether a letter addressed to the President upon a sul)ject 
of ihis nature would of course be considered as public, and liable to inspec- 
tion. Few would write freely, if that were the case. If private, I will 
cheerfully communicate from time lo time any information that may be in 
my power, and which might be of any service. 

1 am, sir, very respectfully, your obedient servant, 

ELISHA R. POTTER. 

His Excellency John Tyler, 

President of the United States. 

Mr. Dorr returned to Providence this (Monday) morning with an armed 
escort. 

(Written in pencil, in same handwriting.) 

• No. 14. 

[Private.] 

Washington, May 20, 1842. 
Dear Sir: You have my thanks for your favor of the 15th inst., and I 
have to request that you will write to me, without reserve, whenever any- 



eO Doc No. 225. 

Jhing of importance shall arise. My chief motives for desiring the adoption 
of the measures sn^eested to you — viz : a general amnesty, and a call of 
a convention — were, 1st. Because I felt convinced that peace and harmony 
would follow in their train ; and, 2dly. If in this I was disappointed, the 
insurgents would have had no longer a pretence for an appeal to the public 
sympathies in their behalf 1 saw nothing to degrade or to give rise to in- 
jurious reflections against the government of the State, for resorting to eve- 
ry proper expedient in order to quiet the disaffection of any portion of her 
own people. Family quarrels are always the most difficult to appease; but 
everybody will admit that those of the f.imily who do most to reconcile 
them, are entitled to the greatest favor. Mr. Dorr's recent proceedings have 
been of .so extravagant a character as almost to extinguish the last hope of 
a peaceable result; and yet I cannot but believe that much is meant for 
effect, and for purposes of intimidation merely. I certainly hope that such 
may be the case, though the recent proceedings in New York may have 
excited new feelings and new desires. This mustering of the clans may 
place Governor King in a different situation from that which he occupied 
when I had for pleasure of seeing you. 7%en, he might have yielded with 
grace ; whether he can do so now, is certainly a question of much diffi- 
culty, and one on which I cannot venture to express an opinion at this dis- 
tance from tlie scene of action. 

I shall be always most happy to hear from you, and your letters will never 
be used to your prejudice. 

Accept assurances of my high respect. 



JOHN TYLKR. 



ELisnA R. Potter, Esq. 



No. 16. 



Providence, May 16, 1842. 

Sir: At the request of Governor King, I enclose to you an extra of the 
Providence Daily Express of this morning, containing the proclamation of 
Thomas W. Dorr to the people of this State. 

It states definitely the position assumed by him and his faction against 
the government of this State and of the United States. 

His excellency tenders to you the highest respect and consideration. 
Respectfully, yours, 

THOS. A. JENCKES, 

Private Secretary. 
To the President of the United States. 



STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. 
A PROCLAMATION 

By Thomas W. Dorr^ Governor and commander-in-chief of the same. 

Fellow-citizens : Shortly after the adjournment of the General Assem- 
bly, and the completion of indispensable executive business, I was in- 



Doc. No. 225. 31 

duced, by the request of the most active friends of our cause, to undertake 
the duty (which had been previously suggested) of representing in person 
the interests of the people of Rhode Island in other States, and at the seat 
of the General Government. By virtue of a resolution of the General As- 
sembly, 1 appointed Messrs. Pearce and Anthony commissioners for the 
same purpose. 

Of the proposed action of the Executive in the affairs of our State, you 
have been already apprized. I n case of the failure of the civil posse (which 
expression was intended by the President, as I have been informed, to 
embrace the military power) to execute any of the laws of the Charter As- 
sembly, including their law of pains and penalties, and of treason, as it has 
be«n for the first time defined, the President intimates an intention of re- 
sorting to the forces of the United States to check the movements of the 
people of this State in support of their republican constitution recently 
adopted. 

From a decision which conflicts with the right of sovereignty inherent 
in the people of this State, and with the principles which lie at the foun- 
dation of a democratic republic, an appeal has been taken to the people of 
our country. They understand our cause ; they sympathize in the inju- 
ries which have been inflicted upon us ; they disapprove the course which 
the national Executive has adopted towards this State ; and they assure us 
of their disposition and intention to interpose a barrier between the sup- 
porters of the people's constitution and the hired soldiery of the United 
States. The democracy of the country are slow to move in any matter 
which involves an issue so momentous as that which is presented by the 
controversy in Rhode Island ; but when they have once put themselves in 
motion, they are not to be easily diverted from their purposes. They be- 
lieve that the people of Rhode Island are in the right ; that they are con- 
tending for equal justice in their political system ; that they have properly 
adopted a constitution of government for themselves, as they were entitled 
to do ; and they caimot, and will not, remain indifferent to any act, from 
whatever motive it may proceed, which they deem to be an invasion of 
the sacred right of self-government, of which the people of the respective 
States cannot be divested. 

As your representative, I have been everywhere received with the ut- 
most kindness and cordiality. To the people of the city of New York, 
who have extended to us the hand of a generous fraternity, it is impossi- 
ble to overrate our obligation at this most important crisis. 

It has become my duty to say, that, so soon as a soldier of the United 
States shall be set in motion, by whatever direction, to act against the 
people of this State, in aid of the charter government, I shall call for that 
aid to oppose all such force, which, I am fully authorized to say, will be 
immediately and most cheerfully tendered to the service of the people of 
Rhode Island from the city of New York and from other places. The con- 
test will then become national, and our State the battle-ground of Ameri- 
can freedom. 

As a Rhode Island man, I regret that the constitutional question in this 
State cannot be adjusted among our own citizens ; but, as the minority 
have asked that the sword of the national Executive may be thrown into 
the scale against the people, it is imperative upon them to make the same 
appeal to their brethren of the States — an appeal which, they are well as- 
sured, will not be made in vain. They who have been the first to ask 



32 The. No. 225, 

assistance from abroad, can have no reason to complain of any conse- 
quences which may ensue. 

No further arrests under the law of pains and penalties, which was re> 
pealed by the General Assembly of the people at their May session, will be 
permitted. 1 hereby direct the military, under their respective officers, 
promptly to prevent the same, and to release all who may be arrested under 
said law. 

As requested by the General Assembly, I enjoin upon the militia forth- 
with to elect their company officers ; and I call upon volunteers to organ- 
ize themselves without delay. The miUtary are directed to hold them- 
selves in readiness for immediate service. 

^ -, Given under my hand , and the seal of the State, at the city of Provi- 
J-^' ^-1 dence, this 6th day of May, A. D. 1842. 

THOMAS W. DORR, 
Governor and commander-in-chief of the 

State of Rhode Island and Providence Plantations. 

By the Governor's command : 

William H. Smith, Secretary of State. 



No. 16. 



Providence, R. I., May 25, 1842. 

Sir : Since my last communication, the surface of things in this city and 
State has been n)ore quiet. The complete dispersing of the insurgents, and 
the flight of their leader, on Wednesday last, the I8ih instant, seemed to have 
broken their strength, and prevented them from making head openly in any 
quarter. 

But another crisis now appears to be approaching. By tbe private ad- 
vices received by myself and the Council, from our messengers in the neigh- 
boring States, we learn that Dorr and his agents are enlisting men, and col- 
lecting arms, for the purpose of again attempting to subvert, by open war, 
the government of this State. Those who have assisted him at home, in 
his extreme measures, are again holding secret councils, and making prepa- 
rations to rally on his return. Companies of men, pledged to support him, 
have met and drilled in the north part of this State during the present week. 

From the forces which he can collect among our own citizens, we have 
nothing to fear. Our own military strength has once scattered them, and 
could as easily do so a second time. But if the bands which are now or- 
ganizing in Massachusetts, Connecticut, and New York, should make the 
incursio~n which they threaten, with Dorr at their head, we have reason to 
apprehend a civil war of the most destructive and vindictive character. 
Our own forces might be sufficient to repel them; but having little disci- 
pline, and no officer of military experience to lead them, they could not do 
it without tfie loss of many valuable lives. 

For the evidence that such forces are organizing in other States, I refer 
your excellency to a letter from Governor Seward, of New York, and to a 
statement made by one of our messengers to the Council, which will be 
handed you. Other messengers confirm, to the fullest extent, the same in- 
tjl.igence. 

In this posture of affairs, I deem it my duty to call upon your excel- 



Doc. No. 225. 33 

lency for the support guarantied by the constitution and laws of the United 
States to this Government. 1 would submit to your excellency whether a 
movement of a sufficient body of troops to this quarter, to be stationed at 
Fort Adams, and to be subject to the requisitions of the Executive of this 
State, whenever, in his opinion, the exigency should arise to require their 
assistance, would not be the best measure to ensure peace and respect for 
the laws, and to deter invasions. 

You will see by the statement of the secret agent of the Government that 
the time set for this incursion is very near. The mustering of the insur- 
gents, and their movement upon the city, will probably be with the greatest 
expedition, when once commenced — in a time too short lor a messenger to 
reach Washington and return witfi aid. 1 therefore make this application 
before any movement of magnitude on their part, in order that we may be 
prepared, at the briefest notice, to quell domestic insurrection and repel in- 
vasion. 

SAM. W. KING, 
Governor of Rhode Island. 

To the Presidknt of the United States. 



Executive Department, 

Albany, May 22, 1842. 
Sir: In compliance with your excellency's requisition, I have this day 
issued a warrant for the arrest of Thomas Wilson Dorr, esq., charged in 
Rhode Island with the crime of treason. The warrant will be delivered to 
a police officer of this city, who will attend Colonel Pitman, and be advised 
by him in regard to the arrest of the fugitive, should he be found in this 
State. 

May I be allowed to suggest to your excellency that a detention of the 
accused in this State would be liable to misapprehension ; and, if it should 
be in a particular region of this State, might, perhaps, result in an effort to 
rescue him. Therefore, it seems to be quite important that your excellency 
should, without delay, designate, by a communication to me, an agent to 
receive the fugitive and convey him to Rhode Island. 

I have the honor to be, with very high respect and consideration, your 
excellency's obedient servant, 

WILLIAM H. SEWARD. 
His Excellency Samuel Ward King, 

Governor of Rhode Island. 



Providence, Maty 25, 1842. 
The Government have received information from persons employed for 
that purpose, (in which they place confidence,) that efforts are now making 
to raise troops in Connecticut, Massachusetts, and New York. From this 
source, it is reported that last evening some leaders of the insurgents at 
"Woonsocket falls and Cumberland were writing circular orders to the com- 
manders of their military companies to meet at Monry's inn, in Smithfield, 
on Friday, the 27th instant, when a person by the name of De Wolf, of 
3 



34 Doc. No. 225. 

Millville, in Massachusetts, who has been appointed their iniHtary com- 
mander, will develop their future plan of operations ; that their agents have 
procured one thousand stand of arms and four pieces of artillery from Mas- 
sachusetts ; also, camp equipage tor two thousand men. 

The first of June is talked of as the time o( the general meeting ; that 
they will drill two days, and then march and attack this city. 

They also say they have two thousand five hundred men pledged to be 
ready at a moment's warning. Dorr is on tlie borders of ihis Estate — some- 
times in Connecticut, sometunesin Massachusetts — in constant communica- 
tion with the insurgents, and concocting the plan of another attack. These 
are the encouragements held out to them. 

[Communicated contidentiaily.] 



No. 17. 



Washington City, May 28, 1842. 

Sir: I have received your excellency's communication of the 25th in- 
stant, informing me of efforts making by Mr. Dorr and others to embody a 
force in the contiguous States for the invasion of the State of Rhode Island, 
and calling upon the Executive of the United States for military aid. 

In answer, I have to inform your excellency that means have been taken 
to ascertain the extent of the dangers of any armed invasion, by the citizens 
of other States, of the State of Rhode island, either to put down her gov- 
ernment or to disturb her peace. The apparent improbability of a viola- 
tion, so flagrant and unprecedented, of all our laws and institutions, makes 
me, I confess, slow to believe that any serious attempts will be made to exe- 
cute the designs which some evil-minded persons may have formed. 

But, should the necessity of the case require the interposition of the au- 
thority of the United States, it will be rendered in the manner prescribed 
by the laws. 

In the mean time, I indulge the confident expectation, founded upon the 
recent manifestations of public opinion in your State in favor of law and 
order, that your own resources and means will be abundantly adequate to 
preserve the public peace, and that the difficulties which have arisen will 
be soon amicably and permanently adjusted, by the exercise of a spirit of 
liberality and forbearance. 

JOHN TYLER. 

His Excellency Governor King. 



No. 18. 
War Department, May 28, 1842. 
Sir: The Governor of Rhode Island has represented to the President 
that preparations are making by Mr. Dorr, and some of his adherents, to re 
cruit men in the neighboring'States, for the purpose of supporting'his usurp- 
ation of the powers of government, and that he has provided arms and camp 
equipage for a large number of men. It is very important that we should 
have accurate information on this subject, and particularly in relation to 



Doc. No. 22o. 35 

the movements made in other States. I have tfierefore to desre you to em- 
ploy jiroper persons to go to tiie places where it may be supposed such 
preparations are making, to possess themselves fully of all that is doing and 
It) contemplation, and report frequently to you. It is said that Mr. Dorr's 
principal headquarters are at the town of Thompsot), in the State of Con- 
necticut. It maybe well tor you to communicate personally with Governor 
Kintj, and ascertain from him the points and places at which any prep- 
arations for embodying men are supposed to be making, and to direct 
your inquiries accordingly. 

It is important that you should select persons on whose integrity and ac- 
curacy the fullest reliance can be placed. They should not be partisans 
on either side; although, to effect the object, it will of course be necessary 
that some of them should obtain (if they do not already possess) the confi- 
dence of the friends of Mr. Dorr. You will please communicate directly to 
me all the information you obtain, and your own views of it. 

It is scarcely necessary to say that this communication is of the most 
private and confidential character, and is not to be made known to anyone. 
Respectfully, your obedient servant, 

J. C. SPENCER. 

Ccl. iJANKHEAD, Neivforf, R. 1. 



War Department, May 29, 1842, 

Sik: The Governor of Rhode Island has represented to the President 
that preparations are making in other States (particularly in Massachusetts) 
for an armed invasion of that State to support the usurpations of Mr. Dorr 
and his friends, and foment domestic insurrection. It is very important 
that we should have accurate information on this subject ; and I have to de- 
sire yon to take all necessary n)eans to acquire it, and communicate directly 
to me, as speedily and frequently as possible. It is said that 1,000 stand of 
arms have been procured in Boston, some pieces of artillery, and a large 
quantity of camp equipage, for the use of the insurgeirts. Your attention 
to this IS particularly desired to ascertain its truth or falsehood. It is also 
said that there are 200 men enrolled and embodied in a town upon the 
borders of Rhode Island, the name of which has escaped me. Please inquire 
into this. If it becomes necessary to employ confidential persons to discover 
what is doing, you will do so — being careful to select those only that are 
entirely trustworthy ; and it will be desirable to avoid heated partisans on 
either side. Their inquiries should be conducted quietly and privately, 

I desire you to communicate fully and freely what you may learn, and 
your views concerning it, for the information of the President and the de- 
partment. 

It is scarcely necessary to say that this communication is strictly private 
and confidential. 

Respectfully, your obedient servant, 

J. C. SPENCER. 

Brig. Gen. Eustis, Boston. 

The Secretary of War will issue a private order to Colonel Bankhead, 
commanding at Newport, to employ, if necessary, a private and confidential 



36 Doc. No. 225. 

person or persons to go into all such places, and among all such persons as 
he may have reason to believe to be likely to give any information touching 
Rhode Island affairs, and to report with the greatest despatch, if necessary, to 
the President. He will also address a letter to General Wool, conveying to 
him the fears entertained of a hostile invasion contemplated to place Dorr in 
the chair of state of Rhode Island by persons in the States of Connecticut 
and New York ; and also to General Eustis, at Boston, of a similar charac- 
ter; with instructions to adopt such inquiries (to be secretly made) as they 
may deem necessary, and to report with the greatest despatch all informa- 
tion which from time to time they may acquire. 

(Endorsed " President's instructions, May 28, 1842.'') 



Washington. June 29, 1842. 
Sir : From the official communication of Colonel Bankhead to yon, this 
day laid before me, it is evident that the difficulties in Rhode Island have 
arrived at a crisis which may require a prompt interposition of the Execu- 
tive of the United States to prevent the effusion of blood. From the corres- 
pondence already had with the Governor of Rhode Island, I have reason 
to expect that a requisition will be immediately made by the Government 
of that State for the assistance guarantied by the constitution to protect its 
citizens from domestic violence. With a view to ascertain the true condi- 
tion of things, and to render the assistance of this Government (if any shall 
be required) as prompt as may be, you are instructed to proceed to Rhode 
Island ; and, in the event of a requisition being made upon the President, in 
conformity with the laws of the United States, you will cause the proclama- 
tion herewith delivered to be published. And should circumstances, in your 
opinion, render it necessary, you will also call upon the Governors of Mas- 
sachusetts and Connecticut, or either of them, for such number and descrip- 
tion of the militia of their respective States as may be sufficient to terminate 
at once the insurrection in Rhode Island ; and, in the mean time, the troops 
in the vicinity of Providence may with propriety be placed in such positions 
as will enable them to defend that city from assault. 

JOHN TYLER. 
The Secretary of War. 



By the President of the United States of America. 

A PROCLAMATION. 

Whereas the Legislature of the State of Rhode Island has applied to the 
President of the United States, setting forth the existence of a dangerous 
insurrection in that State, composed partly of deluded citizens of the State, 
but chiefly of intruders of dangerous and abandoned character coming 
from other States, and requiring the immediate interposition of the consti- 
tutional power vested in him to be exercised in such cases, I do issue this 
my proclamation, according to law, hereby commanding all insurgents, and 
all persons connected with said insurrection, to disperse and retire peace- 



Doc. No. 225. 37 

ably to their respective abodes within twenty-four hours from the time 
when this proclamation shall be made public in Rhode Island. 

In testimony whereof, I have caused the seal of the United States to be 
liereutito affixed, and signed the same with my hand. 

Done at the city of Washington, this day of , in the year 

j , of onr Lord one thousand eiofht hundred and forty two, and of the 

^ ■ ' J independence of the United States the sixty sixth. 

JOHN TYLER. 
By the President: 

Daniel Webster, 

Secretanj of State. 



No. 19. 



New York, June 3, 1842. 
My dear Str : I came to this city yesterday, having taken a severe cold 
on the Sound, and am now just out of my bed. I transmit, herewith, a let- 
ter from . a friend appointed by me, as you requested, to look into 

the Rhode Island business. Mr. has had access to authentic sources 

in Governor Dorr's party, and I have no doubt his account of the whole 
matter is perfectly just. I supposed I should receive the foreign mail here; 
but I shall not wait for it, if 1 should feel well enough to travel to morrow. 

Yours, truly, 

DANIEL WEBSTER. 
To the President. 



[Priva'e.] 

New York, June 3, 1842. 

Dear Sir: In pursuance of the arrangement made when you were in 
Boston, I have visited the State of Rhode Island, and, so far as could be 
done, possessed myself of a knowledge of the existing state of things there. 
I had a full and free interview with Governor King and his (Jouncil, as well 
as with several other gentlemen upon each side of the matter in controversy. 
All agree that, so far as the people of Rhode Island are concerned, there is 
no danger ot any further armed resistance to the legitimate authorities of 
the Slate. It was never intended, probably, by the majority of those called 
the suffrage party, to proceed, in any event, to violence ; and when they 
found themselves pushed to such an extremity by their leaders, they de- 
serted their leaders, and are now every day enrolling themselves in the 
volunteer companies, which are being organized in every part of the State 
for the suppression of any further insurrectionary movements that may be 
made. A large majority of those elected or appointed to office under the 
people's constitution, (so called,) have resigned their places and renounced 
all allegiance to that constitution and the party which supports it; so that 
the insurgents are now without any such organization as would enable 
them to carry out their original purposes, if they otherwise had the power. 

GovernorKing and his Council alone, of all the intelligent persons with 
whom I have consulted, fear an irruption upon them of an armed force to 



88 Doc. No. 225. 

be collected in other States ; and this is the only difficulty of which they 
now have any apprehension. This fear is excited by the boasts, frequently 
made by the few who still avow their determination to adhere to the consti- 
tution, that they have at their control large bodies of armed men, as well as 
camp equipage, provisions, money, and munitions of war, which have been 
provided for them in Massachusetts, Connecticut, and New York. The sup- 
position that Rhode Island is to be invaded by a foreign force, when that 
force would neither be led nor followed by any considerable number of the 
people of the State, does not seem (to say the least) to be a very reasonable 
one. If those who think they are suffering injustice are not disposed to 
make an effort to redress their supposed wrongs, they would liardly expect 
the work to be done by others. 

The ostensible object of the insurgents now is not the real one. They 
meditate no further forcible proceedings. They bluster and threaten for 
several reasons : 

1st. Because they suppose they shall thus break their fall a little, and 
render their retreat a little less inglorious than it would be if they should 
beat it at once. 

2d. They believe that if they keep up a show of opposition to the exist- 
ing government, they shall be more likely to revolutionize it by peaceable 
measures ; and 

3d. They think they can make their influence so far felt, as to operate 
favorably upon those who are now under arrest for treason, or who may be 
hereafter arrested for the same oifence. 

That these are the views and purposes of the insurgents, I am confiden- 
tially assured by the notorious individual from whom, I told you, 1 could 
learn their plans and designs ; and no one has better means of knowing 
than he, having been himself one of Mr. Dorr's confidential advisers from 
the beginning. 

The meeting at Woonsocket, on the 1st, did not amount to much, being 
but thinly attended. The projected fortifications at that place have been 
abandoned. It is said they will be thrown up in some other spot, to be 
designated hereafter ; but this is not believed. 

Mr. Dorr is now understood to be lurkino: in this city. Warrants have 
been issued for his arrest, both by the Governor of this State and the Gov- 
ernor of Massachusetts; but he moves so privately, and shifts his where- 
abouts so often, that he eludes his pursuers. 

Under all the circumstances, I think you will come to the opimon enter- 
tained by seven-eighths of all the people of Providence, (the scene of his 
operations thus far,) that, deserted by his followers at home, and disgraced in 
the estimation of those who sympathized with him abroad, Mr. Dorr has it 
not in his power to do any further serious mischief. 
Yours, very truly, 



Hon. Daniel Webster, 

Secretary of State. 



No. 20. 

Providence, R. I., June 22, 1842. 

Sir: When I last had the honor to write to you, I felt confident that 
there would be no further disturbance of the peace in this State. Governor 



Doc. No 225. 39 

King was of the same opinion. But I now fear, from strong indications, 
that Mr. Dorr and his party are determined to enter the State in force ; and 
that, in a few days, serious difficulties will arise. 

On my arrival here this nmrning from Newport, on my way to New 
York, I learned from undoubted authority that several large boxes of mus- 
kets, supposed to contain about eighty, were received the evening before 
last, at Woonsocket, from New York ; that several mounted cannon had 
also been received tliere, and forwarded on to Chepachet ; that a number of 
men, not citizens of the State, with arms, were in and about Woonsocket 
and (yhepnchet ; that forty eight kegs of powder were stolen on Sunday- 
night last from a powder-house in this neighborhood; and that Dorr, with 
about twenty men, landed last evening at Norwich. 

An unsuccessful attempt was made, two nights ago, to steal the guns of 
the artillery conipany at Warren, and at several other places where guns 
had been deposited by the State, by some of Dorr's men — one of whom has 
been identified and arrested. 

It has been observed, for several days past, that many of the suffrage 
party, and residents of this city, have been sending off their families and 
effects. The inhabitants of tlie city are seriously alarmed, and in a state of 
much excitement. An express to convey the above nitelligence to Gov- 
ernor King, at Newport, will be immediately sent down by the mayor of the 
city. 

I shall be in New Yoik early to morrow morning, ready to receive any 
instructions you may think proper to honor me with. 

1 have been compelled to write this in haste. 

1 am, sir, with great respect, your obedient servant, 

JAS. BANKHEAD, 
Colonel 2d Regiment of Artillery. 

Hon. J. C. Spencrr, 

Sucretary of War. 



No. 21. 



June 26, 1842. 

Dear Sir: The rumor of this morning I have ascertained to be a fact — 
that 48 kegs of gunpoivder were stolen from a private magazine last night 
• In haste, respectfully, 

E. J. MALLETT. 

Hon. C. A. WlCKLIFFE. 



No. 22. 



City of Providence, 

Mayor's Office, June 23, 1842. 

Sir: Gov, Kins, having gone to Newport this afternoon, has requested 

me to forward his letter to your excellency, with such depositions as I could 

procure concerning the state of affairs in the north part of the Stale. These 

documents will be taken on by the Hon. Wm. Sprague, our Senator, who 



40 Doc. No. 225. 

intends leaving to-night for Washington. Should any accident prevent Mr. 
Sprague from going, 1 shall forward them to be put in the mail. I enclose 
the depositions of Messrs. Samuel W. Peckham and Charles J. Harris. 
Messrs. Keep and Shelley, whom I sent out, hare just returned. If I can 
get their depositions in time, I shall also forward them. 

About 11, a. m., this day, a body marched from Woonsocket to Chepachet, 
amounting to 90 men, and other small bodies are marching in that direc- 
tion; so that 1 suppose that about 400 will be concentrated at Chepachet 
this evening. 

In this city there is much excitement, but no symptoms, as yet, of men 
gathering with arms. There are many who, 1 fear, will be ready to join in 
any mischief, should Dorr's forces approach us. Up to 8 o'clock this morn- 
ing Mr. Dorr was in Connecticut, but a gentleman from Chepachet informs 
me his friends expect him this day. 

1 remain, with great respect, your obedient servant, 

THOMAS M. BURGESS, Mayor. 

To the President of the United States. 



Executive Department, 
Providence^ June 2^, \^\2. 

Sir: After my last communication, the excitement and military opera- 
lions of the insurgents against the government of this State appeared to sub- 
side, and I indulged hopes that no open violence would be attempted, but 
that they were disposed to await the action of the General Assembly, now 
in session at Newport. I regret that I am obliged to inform your excel- 
lency that, within a fbw days past, appearances have become more alarming. 
Several iron cannon have been stolen from citizens of Providence; and du- 
ring the night of the 19th, a powder house, owned by a merchant of Provi- 
dence, was broken open, and about twelve hundred pounds of powder stolen 
therefrom. Yesterday the military operations of the insurgents became 
more decided in their character. At Woonsocket and Chepachet there 
were gatherings of men in military array, pretending to act under the au- 
thority of Thomas W. Dorr. They established a kind of martial law in 
those villages ; stopped peaceable citizens in the highways ; and at Chepa- 
chet four citizens of Providence were seized by an armed force, pinioned, 
and compelled to march about ten miles, under a guard of about forty men, 
to Woonsocket, where they were cruelly treated, under pretence of being 
spies. The insurgents are provided with cannon, tents, ammunition, and 
stores. 

It is ascertained that Thomas W. Dorr has returned from the city of New 
York to the State of Connecticut, and 1 have reason to believe he will be at 
Chepachet this day, where he will concentrate what forces he has already 
under arms, wiih such others as he can collect. Those already assembled 
are composed of citizens of other States, as well as of our own, and are va- 
riously estimated at 500 to 1,000 men. 

I have this morning had an interview with Col. Bankhead, who will 
communicate to the War Department such facts as have come to his knowl- 
edge. 

I would further state to your excellency, that in those villages, and their 
vicinity, the civil authority is disregarded and paralyzed. 

Under these circumstances, I rtspectfully submit to your excellency that 



Doc. No. 225. 41 

the crisis has arrived when the aid demanded by the Legislature of the 
State from the Federal Government is imperatively required, to furnish 
that protection to our citizens from domestic violence, which is guarantied 
by the constitution and laws of the United States. 

I confidently trust that your excellency will adopt such measures as will 
afford us prompt and efficient relief. 

I remain, with great consideration, your obedient servant, 

SAMUEL W. KING. 

His Excellency John Tyler, 

President of the United States. 



No. 23. 



Washington, June25, 1842. 

Sir : Your letter of the 23d instant was this day received by the hands of 
Gov. Sprague, together with the documents accompanying the same. Your 
excellency has unintentionally overlooked the fact that the Legislature of 
Rhode Island is now in session. The act of Congress gives to the Execu- 
tive of the United States no power to summon to the aid of the State the 
military force of the United States, unless an application shall be made by 
the Legislature, if in session ; and that the State Executive cannot make 
such application, except when the Legislature cannot be convened. (See 
act of Congress, February 28. 1795.) 

I presume that your excellency has been led into the error of making 
this application, (the Legislature of the State being in session at the date of 
your despatch,) from a misapprehension of the true import of my letter of 7th 
May last. 1 lose no time in correcting such misapprehension, if it exist. 

Should the Legislature of Rhode Island deem it proper to make a similar 
application to that addressed to me by your excellency, their communica- 
tion shall receive all the attention which will be justly due to the high 
source from which such application shall emanate. 

1 renew to your excellency assurances of high consideration, 

J. TYLER. 

Governor King. 



No. 24. 



I, Samuel W. Peckham, of Providence, in the county of Providence, State 
of Rhode Island, on oath, depose and say : On the evening of 2^d of June, 
at the request of Edward Carrington, one of the Executive Council, I went, 
in company with Charles F. Harris, to the village of Chepachet, to see what 
movements, if any, were making by the insurij:ents, and to report the same 
to the Governor and Council. We arrived at the edge of the village just be- 
fore 2 o'clock on the morning of the 23d instant. As we came to the cor- 
ner turning down into the village, we observed a man on horseback ap- 
proaching us, who wheeled round, and went in an opposite direction. We 
had not proceeded far, when some one hailed : "Who comes there?" Har- 
ris answered, " a friend." The man who hailed, or his companion, approach- 



42 Doc. No 225. 

ed us. and said, "two daiuned landliolders," and said something about spies. 
This n)an appeared to be one of an armed company of about 30 men, a part 
of whom were directly in front of us. We were ordered to get out of the 
carriage, and asked if we had any arms, and were compelled to give up a 
pair of small pocket pistols. We were then ordered to place ourselves be- 
tween the files of the company of armed men, and were marched up into 
the village to a barn, where we found other men engaged in binding the 
arms of two others, (Messrs. Keep and Shelley,) who were bound to Killingly, 
Conn. These gentlemen belong in Providence, and are members of tlie 
National Cadet company. They told us that they were seized as they were 
hitching iheir horse under a shed. After Shelley and Keep were pinioned, 
the men ordered that we should be served likewise ; the cord being passed 
across each arm, and drawn tight first above the elbow. When the man 
was tying Harris, he kicked him severely several times, and swore at him. 
Having secured the four in this manner, we were placed in the midst of the 
armed body of men, followed by a large cannon drawn by two horses, with 
tile muzzle pointed in the rear, and marched to Woonsocket Falls, a dis- 
tance of twelve miles. During the first half of the march the men seemed 
to be in great haste, expecting, as they said, 800 men would overtake them 
from Providence. Mr Shelley, being a fleshy man, and subject to attacks 
of pleurisy, could not walk so fast as the party, and they repeatedly pricked 
him with a bayonet. When about half the distance between Chepachet 
and Woonsocket, the cords about our arms were loosened, being so very 
tight that Mr. Keep's hands were black and blue. We arrived in Woon- 
socket before 6 oVJock this morning, and were carried to a hill on the west- 
ern side of the village, near the spot where a|)peared to be the headquar- 
ters of the insurgents. We drew up in line, and the cannon was discharged 
two or three times ; and there seemed to be between two and three hundred 
of the insurgents who had exclusive possession of this part of the village. 
Previous to our entry, the cannon, before referred to, had been discharged 
of its contents. After remaining on this hill about half an hour in the wet 
grass. Major Allen (as he was called) invited us down into a barn into the 
village, which seemed to be used by the insurgents as an arsenal. I should 
have mentioned that Mr. Shelley having become so much exhausted during 
the march, they were compelled to put him into their wagon containing 
their ammunition. In this barn men were employed making cartridges for 
guns; and also observed there musket cartridges and kegs, which contained 
powder. Seeing some hay in the loft, we. climbed up there and lay down. 
Several of the men came up and conversed with us. 

B. G. West, one of the company who escorted us from Chepachet, came 
and said that we would probably be released, as the suffrage party were dis- 
satisfied somewhat with the movement. About half-past 8 o'clock this 
morning we were released, they having previously given us some coffee 
and pie. The officers appeared to be anxious to get us out of the way of 
their men, and asked if we did not wish a guard to get through the village, 
intimating that we might be re-captured. During the conversation with 
West, he told us that there would be 2,000 men in Woonsocket and Che- 
pachet before sunset; some of them were on their way. He also said that five 
cannon were expected from New York, and that the insurgents had selected 
a site for a fortification. When on the hill in Woonsocket, we were in- 
sulted by the men and boys. West said that nothing short of putting out 
the "people's constitution" (so called) would satisfy Dorr and his party, and 



Doc. No. 225. 43 

also the repeal of the Alojerine law, (so called;) and from the declaraiions 
and movements of West, and the men associated wiih him, it is their deter- 
mination to maintain their constitution, or dip> in the attempt. 

While on the road, Mr. Shelley asked for water, and they refused him. 

SAMUEL W. PECKHAM. 
Providence, ss : 

In Providence, this 23d day of June, A. D. 1842, subscribed and sworn 
to before me, 

HENRY L. BOW El^, Justice Peace. 



I, Charles F. Harris, of Providence, in the county of Providence, on 
oath depose and say: Having just read the deposition of Samuel W. Peck- 
ham, I fully confirm all the statements made by him. In addition thereto, 
1 would state, that in passing from Chepachet to Woonsocket, we met a 
doctor, as the men called him: I supposed him to be a Doctor Ballon, who 
lives in Woonsocket. He stopped his sulkey, and the officers came about 
him. They had some conversation, (a part of which I heard,) to this 
eftect. The doctor said, "We have five cannon at Cliepachet;" and one of 
the officers (Allen, I think it was) said, "Send them over with horses;'' to 
which he replied, " I will." I heard West say that Dorr was coming to 
Rhode Island, and would lay his bones here, and would not be driven out 
of it affain by any one. I have been in many distant parts of this country, 
and have seen the worst descriptions of men ; but 1 must add, that a more 
desperate and blood thirsty gang 1 never met with, than those who escorted 
us from Chepachet to Woonsocket. 

CHARLES F. HARRIS. 
Provideixce, ss. 

In Providence, this 23d day of .lane, A. D. 1842, subscribed and sworn 
to before me, 

HENRY L. BO WEN, Justice Peace. 



I, Charles J. Shelley, of Providence, in the county of Providence, on oath 
depose and say: The facts as given in the deposition of Mr. Peckham 
are all true, from the time I fell in with Mr. Peckham at Chepachet. And 
in addition to what Mr. Peckham has stated, I would say, I left Woonsocket 
after being: released, at half past ten o'clock this morning. I went to Che- 
pachet, where my carriage was, in company with a Mr. Chase. From 80 
to 100 armed men. commanded by West and Allen, (as referred to in Mr. 
Peckham's deposition,) started from W'oonsocket for Chepachet, and, on the 
road, the number increased to some 300. We arrived in Chepachet, took 
our horse and carriage, and started for Providence, where we arrived safe 
and exhausted. At the place of rendezvous 1 observed a number of wagons 
filled with calves and lambs. 

CHARLES J. SHELLEY. 



1, John C. Keep, of Providence aforesaid, on oath depose and say: That 
all the facts as stated by Messrs. Peckham, Harris, and Shelley, are strictly 
true; at'.d, in addition to their statements. I would say, that after we were re- 
leased, I rode on a wagon to Chepachet, (where we had left our horse and 



44 Doc. No. 225. 

carriage,) with Mr. Read, one of the officers commanding the insurgents. 
Read said that if the Legislature, at its present session, should extend suf- 
frage, ii would make no difference to them ; they should still go on, and 
nothing short of their constitution would satisfy them. They expected a 
force of 2,000 collected within 48 hours. Their determination was to come 
to Providence, send a flag of truce, and, if not obeyed, to bombard the city; 
that tliey should keep enough of their men to set fire to the city. I saw 
among the insurgents' ranks men whom 1 knew to belong to the city of 
New York. Read also said that, at a private signal given, men would 
come to their assistance from Connecticut. A more desperate set of men I 
never before fell in with. 

JOHN C. KEEP. 
Providence, .S5. 

In Providence, this 23d day of June, A. D. 1842, subscribed and sworn 
to before me, 

HENRY L. BOW EN, 

Justice of the Peace. 



No. 25. 



New York, June 23, 1842. 

Sir: Colonel Bankhead has instructed me to inform you that, while on 
his way to New York, yesterday, he was met at Stonington by the Gov- 
ernor of Rhode Island, who had crossed over from Newport, for the pur- 
pose of communicatitig with him. 

After this interview. Colonel Bankhead resolved to return to Newport. 
He ordered me to give you this information, having stated in his letter of 
yesterday that he sliould be at New York this morning, and not having 
time before the boat left Stonington to write you himself 

With great respect, 1 am, your obedient servant, 

E. D. TOWNSEND, 
\st Lieut., Adjutant 2d Artillery. 
Hon. John C. Spencer, 

Secretary of War. 



No. 26. 



Providence, R. I., June 23, 1842. 

Sir: I addressed you yesterday afternoon, in great hasle, that my letter 
might go by the mail, (then about being closed,) to inform you of the sud- 
den change in the aspect of affairs in iliis State; and also to inform yoa 
that I should be this morning at Governor's island, New York. 

At the urgent solicitation of Governor King, who crossed over from 
Newport to Stonington to intercept me on the route, I returned last nij^ht 
to this place from Stonington, having proceeded so far on my way to New 
York. 

In addition to what I stated in my letter yesterday, I learn from Governor 
King, (who has just oalled on me,) that four citizens of this city, who had 
gone to Chepachet to ascertain what was goins: on there, were arrested as 
spies, by the insurgents, bound, and sent last night to Woonsocket, where 



Doc. No. 225. 45 

tfiey were confined when his informant left there, at 8 o'clock this morning; 
also that martial law had been proclaim»^d by the insurgents, at Woon- 
socket and Chepachet, and no one was allowed to enter or depart from 
either place, without permission. 

The citizens of this city are in a state of i.itense excitement. 
I shall return to morrow to Newport, to await any instructions you may 
be pleased to favor me with. 

1 have the honor to be, sir, with great rtspect, your obedient servant, 

.IAS. BANKHKAD, 

Colonel 2d Regt. Artillery, 
Hon. John C. Spencer, 

Secretary of War. 



No. 27. 



Providence, R. 1., June 23, 1842. 

Sir: I left Newport yesterday morning, to return to Fort Columbus' 
with the belief tliat my presence could no longer be necessary for the pur- 
pose I had bnen ordered there for. The Legislature was in session, and, as 
1 was well assured, determined honestly and faithfully to adopt measures 
to meet the wishes of the citizens of this State, to form a constitution on 
such liberal principles as to insure full satisfaction to all patriotic and intel- 
ligent men, who had any interest in the welfare of the State. The well- 
known intention of the Legislature, in this respect, would, I hoped and be- 
lieved, reconcile the factious and produce tranquillity. But the aspect of 
afiairs has suddenly become more threatening and alarming. There is an 
assemblage of men at Woonsocket and Chepachet, two small villages (say- 
fifteen miles distant hence) on the borders of Connecticut, composed prin- 
cipally of strangers, or persons from other States. They have recently re- 
ceived seventy-live muskets from Boston, and eighty from New York, in 
addition to former supplies. They have also several mounted cannon and 
a large quantity of ammunition ; forty-eight kegs of which they stole from 
a powder house, not far distant from this— the property of a manuflicturer 
of powder. Dorr, it is supposed, joined his party at one of the above-named 
places the night before last ; he has certainly returned from New York, and 
passed through Norwich. His concentrated forces are variously estimated 
at from five hundred to a thousand men. 

I had proceeded thus far yesterday afternoon, on my return to New 
York, and had taken my seat in the cars for Stonington, when an express 
from Governor King, who was at Newport, overtook me, to request that I 
would not leave the State ; — too late, however, for me then to stop here, as 
the cars were just moving off. On getting to Stonington 1 there found 
Governor King, who had crossed over from Newport to intercept me ; and, 
at his solicitation, I at once returned with him last night, in an extra car, 
to this place. Not then having a moment's time to write you, as the 
steamboat left immediately on the arrival of the cars at Stonington, 1 sent 
my adjutant on in the boat, with directions to report to you the fact and 
the cause of my return. 

I had written thus far, when the Governor called on me, and has in- 
formed me that four citizens of this State, who had gone to Chepachet to 



46 Doc. No. 225. 

ascertain the exact state of affairs there, were arrested as spies, bound, and 
sent last nicjht to Woousocket, where, iwo hours aero, they were still in 
confinement Martial law has been declared in Chepachet and Woon- 
socket; and no one allowed to enter or depart without permission. 1 yester- 
day afternoon wrote to the Secretary of War, (as 1 had been directed,) in 
great haste, fiowever, to send by the mail, to inform him of the sudden 
change in the aspect of affairs here ; in which letter 1 stated that I should 
be at Governor's island this morning. As I, of course, then did not con- 
template to the contrary, I beg you will do me the favor to acquaint him 
with the cause of my return. 

I can only add that the citizens of this place are in a state of intense 
anxiety and excitement. I remain here to-day, at the special request of 
several who have just left me. To morrow I shall return to Newport, to 
await any communication from you. 

I an), sir, very respectfully your obedient servant, 

JAS. BANKHEAD, 
Colonel 2d reglmeut of artillery. 

Brigadier General R. Jonrs, 

Adjutant General U. S. ormy. 



No. 28. 



Providence, F. I., June 27, 1842. 

Sir : As there was no mail yesterday from this, I could make no report to 
the Major General commanding, of the military movements in this quarter 
up to that time. Since my last letter to you, most of the volunteers and 
other military companies called out by the Governor have assembled here, 
to the amount of about 2,000 men. The force of the insurgents, under the 
immediate direction of Mr, Dorr, and concentrated at Chepachet, is esti- 
mated at from 800 to 1,000 men armed with muskets, about fifteen hundred 
without arms, and 10 or 12 cannon mounted. 

It seems to be impossible to avoid a conflict between the contending 
parties, without the interposition of a strong regular force. 

The State force here can defend this city, and it might successfully at- 
tack the insurgent force at Chepachet ; but there would be danger in leaving 
the city without adequate means of protection to it, as there is, doubtless, a 
large number within the city with concealed arms, ready to commence hos- 
tilities. 

The position taken by Dorr's troops at Chepachet is naturally strong, 
and has been much strengthened by intrenchments, &-c.; it would, there- 
fore, be highly imprudent to make the attack, even if no secrt^t foes were 
left behind within the city, without a positive certainty of success ; and, with 
the aid of a few disciplined troops, a defeat there would be ruinous and 
irreparable. 

A force of 300 regular troops would insure success, and probably with- 
out bloodshed. 

I am, sir, very respectfully, your obedient servant, 

JAS. BANKHEAD, 
Colonel 2d regiment of artillery. 

{The above letter was addressed to Brigadier Geaeral R. Jones, Adjutant General U. S. army.] 



Doc. No. 225. 47 

No. 29. 

Washington, June 27, 1842. 

Siii.: The intelligence from Rhode Island, since the call was made on 
yon by the Senators from that State, is of a character still more serious and 
nroent than that then communicated to you by Mr. Sprague, who was 
charged with communications to your excellency from (jJovernor King. 
We are informed that a requisition was made upon the Governn)ent of the 
United States by the Governor of Rhode Island, pursuant to resolutions 
passed by the General Assembly of that State, when in session in May last, 
calling for a proclamation against those engaged in an armed rebellion 
against the Government of Rhode Island, and for military aid in suppress 
uig the same; that your excellency replied to Governor King, that, in the 
opinion of the Executive, the force arrayed against the Government of the 
State was not then such as to warrant immediate action on his part; but 
that your excellency, in your reply, proceeded to say "if an exigency of 
lawless violence shall actually arise, the Executive Government of the 
United States, on tlie application of your excellency, under the aiUl.ority 
of the resolutions of the Legislature already submitted, will stand ready to 
succor the authorities of the State in their etforts to maintain a due respect 
for the laws." Whereby it was understood that, in the event of the as- 
senjbling of such an armed force as would require tlie interference con- 
templated by the constitution and laws of the United States, the Executive 
of the United States, upon being duly notified of the fact by the Governor 
of the State, would act upon the requisition already made by the Legisla- 
ture, without further action on the part of that body. 

We understand that, upon this notice being given through the commti- 
nications handed you by Mr, Sprague on Saturday, containing proof of the 
existence and array ot a large body of armed men within the State of 
Rhode Island, who had already committed acts of lawless violence, both by 
depredating largely upon property in various parts of the State, and by 
capturujg and confining citizens, as well as owning and manifesting a de- 
termination to attack the constituted authorities, you considered that it 
was desirable that this communication should have been accompanied with 
a further resolution of the General Assembly, authorizing the Governor to 
act in this instance, from the fact that tlie Assembly was then in session by 
adjournment. 

It IS the purpose of this communication respectfully to state that we con- 
ceive the existing circumstances call for the immediate action of the Ex- 
ecutive, upon the information and papers now in its possession. 

The meeting of the Legislature, during the last week, was by adjourn- 
ment ; it is in law regarded as the May session of the General Assembly, 
and can be regarded in no other light than if it had been a continuous ses- 
sion of that body, held from day to day by usual adjournments. Had this 
last been the case, it cannot be conceived that new action on its part would 
have been required to give notice of any movements of hostile forces, en- 
gaged in the same enterprise which was made known to the Executive by 
Its resolutions of May last. 

Our intelligence authorizes us to believe that a multitude of lawless and 
violent men, not citizens of Rhode Island, but inhabitants of other States, 
wickedly induced by pay and by hopes of spoil, and perhaps instigated 
also by motives arising from exasperation, on the part of llK.'ir instigators 



48 Doc. No. 225. 

and of themselves, at the course heretofore indicated in this matter by the 
Executive Government of the Union, have congregated themselves, and 
are daily increasing their numbers, within the borders of our State, organ- 
ized, armed, and arrayed in open war upon the State authorities, and ready 
to be led, and avowedly about to be led, to the attack of the principal city 
of the I'State, as part of the same original plan to overthrow the govern- 
ment; and that, in the prosecution of this plan, our citizens have reason to 
apprehend the most desperate and reckless assaults of ruffianly violence 
upon their property, their habitations, and their lives. 

We beg leave to refer you, in addition, to a letter which we understand 
was received yesterday by General Scott from Colonel Bankhead, detailing 
some information in his possession. 

We therefore respectfully request an immediate compliance, on the part 
of the Executive, with the requisition communicated in the papers from 
Governor King, as the most effectual, and, in our opinion, the only measure 
that can now prevent the effusion of blood and the calamities of intestine 
violence, if each has not already occurred. 

We are, with the highest respect, your excellency's obedient servants, 

JAMES F. SIMMONS. 
WM. SPRAGUE. 
JOSEPH L. TILLINGHAST. 

The President of the United States. 



No. 30. 



Washington, June 29, 1842. 

Sir: From the official communication of Colonel Bankhead to you, this 
day laid before me, it is evident that the difficulties in Rhode Island have 
arrived at a crisis which may require a prompt interposition of the Execu- 
tive of the United States to prevent the effusion of blood. From the cor- 
respondence already had with the Governor of Rhode Island, I have reason 
to expect that a requisition will be immediately made by the Government 
of that State for the assistance guarantied by the constitution to protect its 
citizens from domestic violence. With a view to ascertain the true condi- 
tion of things, and to render the assistance of this Government (if any 
shall be required) as prompt as may be, you are instructed to proceed to 
Rhode Island, and, in the event of a requisition being made on the Presi- 
dent in conformity with the laws of the United States, you will cause the 
proclamation herewith delivered to be published. And should circum- 
stances in your opinion render it necessary, you will also call upon the 
Governors of Massachusetts and Connecticut, or either of them, for such 
number and description of the militia of their respective States as may be 
sufficient to terminate at once the insurrection in Rhode Island. And, in 
the mean time, the troops in the vicinity of Providence may with pro- 
priety be placed in such positions as will enable them to defend that city 
from assault. 

JOHN TYLER, 

The Secretary of War. 



Doc. No. 225. 49 

No. 31. 

Extract of a letter from the Hon. Elisha R. Potter to the President, 

October 2, 1842. 

"Our convention has adjourned, having completed a constitution, which 
will be pubHshed in a few days, and of which I will immediately forward 
a copy to your excellency. The suffrage is based on taxation and military 
service, and the representation in one branch of the Legislature to be 
strictly popular." 



Extract from the Presidents reply, dated October 28, 1842. 

"I hope, and shall most sincerely rejoice, that the constitution now ten- 
dered to the people may serve to content them. Those who are in favor 
of the most extensive reform should remember that the only mode to 
reach the summit of a mountain is by mounting step by step. The pro- 
gress of public opinion is slow, but sure ; and no great reform was ever 
accomplished in a day." 



No. 32. 



City of Providence, January 13, 1842. 
Sir : In compliance with a vote of the people's convention late in session 
in this city, the undersigned have the honor herewith to enclose to your 
excellency a copy of the constitution, as adopted by the citizens of this 
State, and of the report of the committee of said convention upon the votes 
given m therefor; and, also, a copy of the resolutions of the convention 
declaratory of its adoption ; and respectfully request your excellency that 
the same may be communicated to the two Houses of the General Assembly. 
We have the honor, sir, to be your obedient humble servants, 

WILLIAM H. SMITH, ; ^ , . 
JOHN S. HARRIS, \ '^^c/e^anei. 

His Excellency Samuel W. King, Governor. 



REPORT. 

Providence, JanvaryVd, 1842. 
The undersigned, who were appointed on the 12lh day of January, 1842, 
a committee of the people's convention, to examine and count the votes 
upon the constitution proposed to the people by said convention, on the 
18th day of November last, which said votes were given in on the 27th day 
of December last, and en the five subsequent days, report that they have at- 
tended to the duty of their appointment, and they present to the conveii- 
tion the following statement of the result : 
4 ° 



50 



Doc. No. 225. 



Providence- 



County of Providence. 





Freemen. 


Non-freemen. 


Total. 


First ward - 


162 




362 


524 


Second ward 


90 




281 


371 


Third ward - 


165 




472 


637 


Fourth ward 


142 




357 


499 


Fifth ward - 


245 




519 


764 


Sixth ward - 


255 




506 


761 




1,059 




2,497 


3,556 


Smith field 


382 




956 


1,338 


Scituate 


208 




316 


524 


Gloucester 


195 




207 


402 


Cumberland 


294 




598 


892 


Cranston 


167 




237 


404 


Johnston 


141 




206 


347 


North Providence* 


2)4 




469 


683 


Foster - 


124 




114 


238 


Biirrillville 


149 




134 


283 




2,933 

County of Newport. 


5,734 


8,667 








Newport 


319 




883 


1,202 


Portsmouth 


71 




55 


126 


New Shorehamf 


102 




30 


132 


Jamestown 


18 




13 


31 


Middleiown 


8 




22 


30 


Tiverton 


102 




172 


274 


Little Compton 


19 
639 




25 

1,200 


44 




1,839 



County of Kent. 



Warwick 


309 


East Greenwich 


50 


West Greenwich 


17 


Coventry 


157 



533 



591 
85 
45 

249 



970 



900 

135 

62 

406 

1,503 



* The votes of five freemen and of three non-freemen given in favor of the constitution were 
rejected for informality of the return. 

t Twenty-six additional votes for the constitution were given by twenty-two freemen and 
four non-freemen, of which no regular return was received. 



Doc. No. 225. 



m 



County of Bristol. 





Freemen, 


Non-freeman, 


Total. 


Bristol 


152 


214 


366 


Warren 


103 


107 


210 


Barrington 


28 


24 


52 




2S3 


345 


628 




County of 


Washington. 




Westerly 


107 


144 


251 


North Kingston 


84 


169 


253 


South Kingston 


138 


137 


275 


Charlestown - 


64 


36 


100 


Exeter 


52 


82 


134 


Richmond 


, - 44 


88 


132 


Hopkinton 


S3 


79 


162 




572 


735 


1,307 



RECAPITULATION OF THE COUNTIES. 





Freemen. 


Non-freemen. 


Trta'. 


Providence 


2.933 


5,734 


§,6(37 


Newport 


639 


1,200 


l,b39 


Washington - 


572 


735 


i,3u7 


Kent - 


533 


970 


1,5* )3 


Bristol 


283 


345 


628 




4,960 


8,984 


13,944 



The whole nnmber of males in the State, over the age of 21 years, as 
nearly as can be ascertained by the census of t!ie United States for the 
year 1840, is 26,142. Deduct at a m.oderate computation 3,000 persons 
who are not citizens of the United States over the age of 21 years and per- 
manent residents, or who are excluded by beinsf under gufirclianship, in- 
sane, or convict, and the remainder is 23,142, of whom a majority is 11,572. 
The constitution has received 873 votes more than one half of all tliose 
qualified to vote for said constitution by citizenship, age, and residence, as 
aforesaid, and an actual m;ijority of 4,744. Deduct from 23,142, the whole 
number who voted for the constitution, (viz: 13,944,) and the remainder is 
9,198; of whom 9,146 did not vote, and 52 voted against the constitution, 
viz: In Smithfield 2; North Providence 11 ; Tiverton 3; Little Comptoii 
17; Westerly 1 ; South Kingston 10; Warwick 1 ; East Greenwich 6; and 
Warren 1. 

Of the persons v%^ho voted, 4,960 are qualified voters under the existing 
laws of the State. The greatest number of voles evi'r polled by said voters 
was 8,622, at the presidential election in November, 1840 ; of ibis number, 
a majority of 1.298 have voted for the constituiion — uniking, as your com- 
mittee believe, a majority of all the freemen of the State. 

The committee have found all th<' returns of tlje v.j'tes from the several 



52 Doc. No. 225. 

towns and wards to have been regularly made, and accompanied with list^ 
of all persons voting, which enumerate the qualified voters, and those who 
are not. Every voter has signed his name upon his licket ; and tlie com- 
mittee believe that both the voting and returns have been as regular and 
accurate as at any election ever held in the State. 

A considerable number of votes were returned as having been given by 
freeholders who had not yet been admitted freemen; but they were, of coursCj 
c.mnted with the non-freemen. 

The committee report to the convention, as the result of their examina- 
tion and count of the votes, that the constitution proposed to the people by 
said convention on the ISth day of November last, has been adopted by a 
large majority of the citizens over the age of 21 years, having their perma- 
nent residence in the State. 

Wm. James, Chairman. Welcome Ballon Sagles, 

John R. Waterman, Sylvanus Himes, 

Dutee J. Pearce, Israel Wilson, 

David Daniels, Jonathan Rennington, 

Oliver Chace, jr., Christ. Smith, 

Robert R. Oarr, Elisha G. Smith, 

Ariel Ballon, Samuel Luther, 

Thomas W. Dorr, Erasmus D. Campbell, 

Samuel T. Hopkins, Nathan Burden, 

Alfred Reed, Joshua R. Rathbun, 

Wm. C. Barker, Nathan A. Brown, 

Abner Haskell, Wm. H. Smith, ; secretaries 

Alexander Allen, John S. Harris, ^ 

^Villard Hazard, 



Resolutions adopted by the People^s Convention. 

Whereas, by the return of the votes upon the constitution proposed to the 
citizens of this Stale, by this convention, on the 18th day of November last, 
it satisfactorily appears that the citizens of this State, in their original and 
sovereign capacity, have ratified and adopted said constitution by a large 
majority ; and tlie will of the people, thus decisively made known, ought to 
be implicitly obeyed, and faithfully executed: 

We do, therefore, resolve and declare, that said constitution rightfully 
ouglit to be, and is, the parameunt law and constitution of the State of Rhode 
Island and Providence Plantations. 

And we do further resolve and declare, for ourselves and in behalf of the 
people whom we represent, that we will establish said constitution, and sus- 
tain and defend the same by all necessary means. 

Resolved, That the officers of this convention make proclamation of the 
return of the votes upon the constitution, and that the same has been adopted 
and has become the constitution of this State ; and that they cause said 
proclamation to !)e published in the newspapers of the State. 

Resolved, That a certified copy of the report of the committee appointed 
to count the votes upon the constitution, and of the constitution, and of the 
resolutions, be sent to his excellency the Governor, with a request that he 
communicate the same to the two Houses of the General Assembly. 

A true copy : 

Wn.LIAM H. SMITH, ; Secretaries 
JOHN S. HARRIS, ^ ^ecreiaiies. 



Doc. No. 225. 53 

No. 33. 

I. Charles T. Martin, of Providence, in the county of Providence and 
State of Rhode Island, on oath depose and say : By request of the Gover- 
nor and Council on the niy:ht of June 23d, I went as a scout towards Che- 
pachet village. We proceeded as far as we could, until we met a line of 
sentries about two niiles this side of the village. We turned about and 
gathered all the information we could, from persons who had been in the 
village. We learned that there were four boxes of muskets just arrived. 
The force of the insurgents was estimated at that time to be .500, under 
command of one Isaac B. Allen. They had collected, among other things, 
200 bushels of potatoes, which were sold to Amasa Eddy, jr., the Lieuten- 
ant Governor under the people's constitution, by our informant. He also 
said that they had collected beef and other provisions. Just before day- 
light this morning, while at a tavern some three miles from Chepacliet, a 
man came up the road with a gnn, and we went out and hailed him, and 
he immediately aimed his gun. We heard steps behmd us, and looked 
round, and some half dozen men with guns came up and ordered us to 
make off, at the same time their guns all cocked and aimed at us, and 
threatened to shoot if we did not re.tire. We stood in line — that is, Messrs. 
Pond, Hartshorn, Kendall, and myself, who all went in company. We 
drew our pistols, and determined to exchange shots, and, after some consult- 
ation among themselves, the re!)els concluded to pass on. 

CHAS. T. MARTIN. 
Providence, ss. 

In Providence, this 24lh day of June, A. D. 1S42, subscribed and sworn 
to before me, 

HENRY L. BOWEN, 
Justice of the Peace. 



1, John F. Pond, of Providence, in the county of Providence and State 
of Rhode Island and Providence Plantations, of lawful age, depose and 
say : That I went out as one of a scout, with Charl' s T. Martin, Hartshorn, 
and Kendall ; and I confirm all the statements made by Mr. Martin, except 
as to the distance at. which we were from Chepacliet ; being more familiar 
with the road, I sliould say we did not go within four and a half niiles from 
the village. 

JOHN F. POND. 
Providence, ss. 

In Providence, this 21th day cf June, A. D. 1842, subscribed and sworn 
to before me, 

HENRY L. BOWEN, 

Justice of the Peace. 



I, William S. Slater, of Providence, in the county of Providence and Slate 
of Rhode Island, of lawful aofe, depose and say : On the 24th of June, being in 
company with Edward D. Pearce, who had professional business with Colo- 
nel Samuel Y. Atwell, 1 went to the village of Chepachet. When I arrived 
near Mr. Atwell's house, I observed a guard of 30 men, and drove up to 
Mr. Atwell's house. Immediately the guard closed up, and the captain di- 
srected them to take myself and companion prisoners. They escorted us to 



54 Doc. No. 225. 

the tavern, wl.ere a room was provided, the door locked, and a sentinel 
placed over us. Behig satisfied, after some detention, that we had come to 
see Mr. Atvvell on private business, we were released. 

The insurgents have selected a high hill just at the entrance of the vil- 
lage for an encampment, and are now engaged in raising embankments. Il 
is^a formidable position, and their forces are increasmg constantly. We 
were told that Dorr was expected there to morrovir to review the troops, and 
that an accession af strength is expected daily. 

WM. S. SLATER. 

City of Providence, ss. 

Then personally appeared before me William S. Slater, and made oath 
to the preceding deposition by him signed. 

THO. M. BURGESS, 
Mayor of the city oj Providence. 
June 24, 1842. 



No. 34. 



Statement showing the number of troops stationed at Fort Adams, Rhode 
Island, during the months of April, May, June, and July, 1842. 

In April, the regular garrison of Fort Adams consisted of two compa- 
nies of artillery — 10 officers and 109 enlisted men. Aggregate - 119 

May 2d, the garrison was ninforced by two companies of artillery 
from Fort Columbus, making four in all, and consisting, at the 
end of May, of 21 officers and 2S1 enlisted men. Aggregate - 302 

June 17th, two companies left the post, and June 20th, one company 
(of mounted artillery) joined ; making the garrison, at the end of 
the month, three companies of artillery, consisting of 13 officers 
and 177 enlisted men. Aggregate . . . . 190 

July 2d, one company of mounted artillery joined the post, making 
four companies in all, (two mounted,) consisting, at the end of the 
month, of 22 officers and 247 enlisted men. Aggregate - - 269 

Adjutant General's Office, 
April 8, 1844. 

L. THOMAS, 
Assisiafii Adjutant GeneraL 



[Confidential.] 

Headquarters of the Army, 
Adjutant GeneraVs Office, Washingtoti, April 11, 1842. 
Sir: If there beadepot of arms and ammunition belonging to the United 
States at Fort Wolcott, or other exposed position in the vicinity of Fort 
Adams, Major General Scott wishes you to take measures, quietly, to pre- 
vent such depot from being seized by improper persons. Not being at his 
office, he has no means of iiiquiring or ascertaining, at the momeiit. 



Doc. No. 225. 55 

whether there bo such depot, and whether you have a guard at Fort 
Wolcott. 

I am, sir. very respectfully, your obedient servant, 

W. G. FREEMAN, 
Assistant Adjutant General. 
Major M. M. Payne, Commanding^ ^-c. tj'c.j 

Fort Adants^ Rhode Island, 



[Confidential.] 
HfiADaUARTERS OF THE ArMY, 

Adjutant GeneraVs Office, Washington, April 25, 1842. 
Sir: I am instructed by Major General Scott to direct that you will im- 
mediately cause two of the companies of your garrison to be filled up with 
effective men out of the 3d, and embark the former, as soon as practica- 
ble, for Governor's island, harbor of New York. If a vessel can be imme- 
diately procured by the quartermaster of the post, for the conveyance of the 
two companies to their destination by sea, you will instruct him to engage 
such transportation ; but if there be any probability of delay in proceeding 
outside, the detachment will take the inland route by steamboats and rail- 
roads. 

It is desirable that you should personally accompany the detachment to 
New York, and be there by the 2d proximo On your arrival at New 
York, you will report to Colonel Bankhead. 

I am, sir, very respectfully, your obedient servant, 

W. G. FREEMAN, 
Assistant Adjutant General. 
Brevet Colonel A. C. VV. Fanning, 

2d artillery, commanding Fort Monroe, Va. 



HEADaUARTERS OF THE ArMY, 

Adjutant GeneraVs Office, Washington, Ajjril 25, 1842. 
Sir: It is desirable that you should employ any means in your power to 
obtain accurate information as to the probability of a conflict between the 
two political parties now understood to be ready to resort to arms for the 
possession of the government of Rhode Island. Major General Scott di- 
rects that you take measures to get such information, and that you report 
daily, if possible, in duplicate — one copy to him (open) under cover to the 
Secretary of War, and the other copy to General Scott (sealed) under cover 
to Colonel Bankhead, New York. 

An officer detached confidentially to Providence, with instructions to 
write du'ectly as above, and inquiries daily made in Newport, etc., com- 
municating the results as above, may be sufficient. 

1 am, sir, very respectfully, your obedient servant, 

W. G. FREFMAN, 
Assistant Adjutant General. 
Major M. M. Payne, 

Commanding Fort Adams, R. L 



56 Doc. No. 225. 

[Highly confidential.] 

HEADaUARTERS OF THE ArMY, 

Adjutant GencraVs OJJice, Washington, April 26, 1842. 
Sir : In reference to my letter to yoii of yesterday, I am instructed by 
Major General Scott to desire you to hesitate much about sending an offi- 
cer for the purpose of obtaining intelligence in Providence, and not to do 
so if you can obtain the services of any other discreet, intelligent citizen ; 
because the purpose of the detached officer, whether in uniform or not, 
would be liable to be suspected — which might do much harm in the present 
excited state of public feeling in Rhode Island. Nevertheless, it is the 
wish of General Scott that you obtain, by all honorable means, the fullest 
intelligence possible on the great subject I presented to you yesterday, and 
to communicate the same daily to him (unsealed) under cover to the Sec- 
retary of War. Duplicates need not be sent to New York, as General 
Scott may not be (here. 

I am, sir, very respectfully, your obedient servant, 

W. G. FREEMAN, 
Assista?it Adjutant General. 
Major M. M. Payne, (or officer commandins:,) 

Fort Adams, R. I. 

[Confidential.] 
llEADaUARTERS OF THE ArMY, 

Adjutant GeneraVs Office, VVashifigto?i, April 26, 1842. 

Sir: Two companies from Fort Monroe, under Colonel Fanning, have 
been ordered to repair immediately to Fort Columbus, to report to you. 
Before this detachment can arrive, you will receive further instructions 
from Major General Scott, under whose orders I am writing. He directs 
that you will immediately cause two companies in the harbor of New 
York to be filled up with effective men, out of the other two present, and 
to be held in readiness at Fort (^olumbus, with tents, for detached service. 
I am, sir, very respectfully, your obedient servant, 

W. G. FREEMAN, 
Assistant Adjutant General. 
Colonel J. Bankhead, 

Comma7iding 2d artillery, Fort Columbus, N. Y. 

[Confidential.] 

Adjutant General's Office, 

Washington, April 2^, 1842. 

Sir: Although Major General Scott is exceedingly desirous that you 
should meet the general court martial, of which Brigadier General Ara)i- 
stead is president, and which has been ordered to re-assemble at Savannah 
the 10th of the following month ; yet he deems your presence at Fort Ad- 
ams, during the next week, of still higher importance. The General-in- 
chief, therefore, desires that you immediately return to Fort Adams, and re- 
sume the command of that post for the present. Should, however, the 
danger of domestic viclence in Rhode Island fortunately pass away by the 
Gth or 10th of the ensuing month, it is expected that you will proceed 
rapidly to Savannah ; and, if necessary, the general court martial (of which 



Doc. No. 225. 57 

you are a member) will be instructed to wait six or ten days for your ar- 
rival. 

I am, sir, very respectfully, your obedient servant. 

R. JONES, 
Major M. M. Payne, Adjutant General. 

Commanding Fort Adams, R. I. 

[Confidential.] 

Adjutant General's Office, 

Washington, May 5, 1842. 

Sir: The General-in-chief desires that you repair, individually, to Newport, 
R. I., and there remain until all appearance of domestic violence shall have 
disappeared. If necessary, further instructions will be communicated. 

Immediately on your arrival at Newport, you will please to direct Major 
Payne to proceed to Savannah, there to serve as a member of the general 
court martial ordered to re-convene on the 10th inst., for the trial of Cap- 
tain Howe, of the 2d dragoons. 

I am, sir, very respectfully, your obedient servant, 

R. JONES, 
Adjutant General. 
Colonel James Bankhead, 

2d artillery, commanding Fort Columbus, N. Y. 

Adjutant General's Office, 

Washingtoti, May 28, 1842. 

Sir : Your report of the 20th inst. has been duly received. Should you 
consider your presence no longer necessary at Newport, you will please to re- 
pair to your station at Fort Columbus. 

I am, sir, very respectfully, your obedient servant, 

R. JONES, 
Colonel James Bankhead, Adjutant General. 

Commanding 2d artillery, Newport, R. 1. 

Adjutant General's Office, 

Washington, June 1, 1842. 

Sir: Your report of your departure from Newport to Sackett's Harbor, 
as a member of a court martial, on the 29th May, has been received. 

The General-in-chief directs that yow JortlncitJt return to Newport, R. I., 
where you will find instructions of importance, despatched by the Secretary 
of War on Sunday, the 29th.* 

You will please to report the receipt of these instructions, and your ar- 
rival at Newport. 

I am, sir, very respectfully, your obedient servant, 

R. JONES, 
Adjutant General. 
Colonel James Bankhead, 

2d artillery, (under cover to commanding officer,) 

Sac/ceti's Harbor, N. Y. 

* The letter containing the said instructions is dated the 28ih May, 1842. 



58 * Doc. No. 225. 

Adjutant General's Office, 

Washington. June 2, 1S42. 
Sir : In forwarding you a copy of the order directing Colonel Bankhead 
to return forthwith to Newport, R. 1., where important instructions from 
the Secretary of War await him. I am directed by the General in chief 
to express his disapprobation of the withdrawal of that officer from the 
station, and the special service to which he had been assigned by instruc- 
tions from the headquarters of the army on this occasion. 
I am, sir, very respectfully, your obedient servant, 

R. JONES, Adjutatit General. 
Brigadier General John E. Wool, 

Conwiandingj §^c , 7Voy, N. Y. 



[Extract.] 
General Orders, — No. 33. 

HEADaUAETERS OF THE ArJMY, 

Adjutant General's Office, Washington, June 2, 1842. 

******** 

4. With a view to united instruction in the higher manoeuvres, the four 

light companies of artillery will be brought together in pairs, at points which 

furnish grounds the best suited for that purpose. Consequently, the light 

companies of the 3d and 4th artillery will constitute the permanent garrison 

of Fort Mc Henry ; and the light companies of the 1st and 2d artillery, on 

being relieved, will proceed to Fort Adams, to constitute two of the four 

companies assigned as the permanent garrison of that post. 

***»*##* 

By command of Major General Scott, 

H. JONES, Adjutant General. 



Adjutant General's Office, 

Washlngtoji, June 6, 1842. 
Sir: As the two light companies just ordered to Fort Adams are fully 
equipped, you will now please send to the Watertown arsenal the battery 
of brass guns, (fee, recently furnished by the Ordnance Department for the 
post. 

I am, sir, very respectfully, your obedient servant, 

R. JONES, Adjutant General 
Col. J. Bankhead, or 

Commanding officer Fort Adatns, Newport, R. 1. 



Adjutant General's Office, 

Washington, July 9, 1842. 

Sir: In acknowledging the report of your return to Fort Colunjbus 
from Rhode Island, I am directed by the General in chief to say, that, having 



Doc. No. 225. 59 

been sent to that State on special and confidential service, your return to 
JN'ew York without special awthorily is irregular, and not approved. 
1 am, sir, very respectfully, your obedient servant, 

R. JONES, Adjutant General. 
Col. J. Bakkhrad, 

2d artillery. Fort Columbus, N. Y. 



[Extract.] 

Adjutant General's Office, 

Washington^ June 11, 1842. 
Sir: * * * The two companies now at Fort Adams, to be re- 
placed by two light companies, may wait for the arrival of the latter. * * 
I am, sir, very respectfully, your obedient servant, 

L. THOMAS, 

AssH Adft General. 
Col. J. Bankhead, 

Commanding 2d artillery^ Fort A daws, R. 1. 



PRINTED DOCUxMENTS. AND NEWSPAPERS. 

Proposed constitution of the State of Rhode Island and Providence Plan- 
tations, as finally adopted by the people's convention, assembled at Prov- 
idence on the lath day of November. 1S41. 

We, the people of the State of Rhode Island and Providence Planta- 
tions, grati'ful to Almighty God for his blessing vouchsafed to the "lively 
expernnent" of religious and political freedom here "held forth'' by our ven- 
erated ancestors, and earnestly imploring the favor of his gracious Provi- 
dence toward this our attempt to secure upon a permanent foundation the 
advantages of well-ordered and rational liberty, and to enlarge and trans- 
mit to our successors the inheritance that we have received, do ordain and 
establish the following constitution of government for this State : 

ARTICLE I. 

Declaration of principles and rights. 

1. In the spirit and in the words of Roger Williams, the illustrious foun- 
der of this State, and of his venerated associates, we declare "that this gov- 
ernment shall be a democracy," or government of the people, "by the ma- 
jor consent" of the same "only in civil things." The will of the people 
shall be expressed by representatives freely chosen, and returning at fixed 
periods to their constituents. This State shall be, and forever remain, as 
in the design of its founder, sacred to " soul liberty," to the rights of con- 
science, to freedom of thought, of expression, and of action, as hereinafter 
set forth and secured. 

2. All men are created free and equal, and are endowed by their Creator 
with certain natural, inherent, and inalienable rights ; among which are life, 
liberty, the acq^uisilion of property, and the pursuit of happiness. Govern- 



60 Doc. No. 225. 

merit cannot create or bestow these rights, which are the gift of God ; bat 
it is instituted for the stronger and surer defence of the same, that men may 
safely enjoy the rights of Hfe and Hberty, securely possess and transmit prop- 
erty, and, so far as laws avail, may be successful in the pursuit of happiness. 

3. All political power and sovereignty are originally vested in, and of right 
belong to, the people. All free governments are foimded in their authority, 
and are established for the greatest good of the whole number. The peo- 
ple have therefore an inalienable and indefeasible right, in their original, 
sovereign, and unlimited capacity, to ordain and institute government, and 
in the same capacity to alter, reform, or totally change the same, when- 
ever their safety or happiness requires. 

4. No favor or disfavor ought lo be shown in legislation toward any man, 
or party, or society, or religious denomination. The laws should be made 
not for the good of the few, but of the many ; and the burdens of the State 
ought to be fairly distributed among its citizens, 

5. The diffusion of useful knowledge, and the cultivation of a sound mo- 
rality in the fear of God, being of the first importance in a republican State, 
and indispensable to the maintenance of its liberty, it shall be an impera- 
tive duty of the Legislature to promote the establishment of free schools, 
and to assist in the support of public education. 

6. Every person in this State ought to find a certain remedy, by having 
recourse to the laws, for all injuries or wrongs which may be done to his 
rights of person, property, or character. He ought to obtain right and jus- 
tice freely and without purchase, completely and without denial, promptly 
and without delay, conformably to the laws. 

7. The right of the people to be secure in their persons, houses, papers, 
and possessions, against unreasonable searches and seizures, shall not be vio- 
lated ; and no warrant shall issue, but on complaint in writing, upon 
probable cause, supported by oath or affirmation, and describing as nearly 
as may be the place to be searched, and the person or things to be seized. 

8. No person shall be held to answer to a capital or other infamous charge, 
unless on indictment by a grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in actual service, in time of war 
or public danger. No person shall be tried, after an acquittal, for the same 
crime or offence. 

9. FiVery man being presumed to be innocent until pronounced guilty 
by the law, all acts of severity, that are not necessary to secure an accused 
person, ought to be repressed. 

10. Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel or unusual puni>hinents inflicted; and all punishments ought to be 
proportioned to the offence. 

11. All prisoners shall be bailable upon sufficient surety, unless for cap- 
ital offences, when the proof is evident or the presumption great. The j)riv- 
ilege of the writ of habeas corpus shall not be suspended, unless when, in 
cases of rebellion or invasion, the public safety shall require it. 

12. In all criminal prosecutions, the accused shall have the privilege of a 
speedy and public trial, by an impartial jury; be informed of the nature 
and cause of the accusation ; be confronted with the witnesses against hitn ; 
have compulsory process to obtain them in his favor, and at tb.e public ex- 
pense, when necessary; have the assistance of counsel in his defence, and 
be at liberty to speak for himself. Nor shall he be deprived of his life, lib- 
erty, or property, unless by the judgment of his peers, or the law of the land. 



Doc. No. 225. 61 

13. The right of trial by jury shall remain inviolate, and in all criminal 
cases the jury shall jud^e both of the law and of the facts, 

14. Any person in this State, who may be claimed to be held to labor or 
service, under the laws of any other State, Territory, or District, shall be en- 
titled to a jury trial, to ascertain the validity of such claim. 

15. No man in a court of common law shall be required to criminate 
himself 

16. Retrospective laws, civil and criminal, are unjust and oppressive, and 
shall not be made. 

17. The people have a right to assemble in a peaceable manner, without 
molestation or restraint, to consult upon the public welfare ; a right to give 
instructions to their Senators and Representatives; and a right to apply to 
those invested with the powers of government for redress of grievances, for 
the repeal of injurious laws, for the correction of faults of administrution, 
and for all other purposes. 

18. The liberty of the press being essential to the security of freedom in 
a State, any citizen may. publish his sentiments on any subject, being re- 
sponsible for the abuse of that liberty; and in all trials for libel, both civil 
and criminal, the truth, spoken from good motives, and for justifiable ends, 
shall be a sufficient defence to the person charged. 

19. Private property shall not bg taken for public uses without just com- 
pensation, nor unless the public good require it ; nor under any circum- 
stances, until compensation shall have been made, if required. 

20. The military shall always be held in strict subordination to the civil 
authority. 

21. No soldier shall, in time of peace, be quartered in any house, without 
the consent of the owner ; nor in time of war, but in manner to be pre- 
scribed by law. 

22. Whereas Almighty God hath created the mind free, and all attempts 
to influence it by temporal punishments, or burdens, or by civil incapacita- 
tions, tend to beget habits of hypocrisy and meanness: and whereas a prin- 
cipal object of our venerated ancestors in their migration to this country, 
and their settlement of this State, was, as they expressed it, to hold forth a 
lively exjieriment, that a flourishing civil State may stand, and be best 
maintained, with full liberty in religious concernments: We therefore de- 
clare, that no man shall be compelled to frequent or support any religious 
worship, place, or ministry whatsoever, nor be enforced, restrained, molest- 
ed, or burdened in his body or goods, nor disqualified from holding any 
office, nor otherwise suffer on account of his religious belief; and that all 
men shall be free to profess, and by argument to maintain, their opinions in 
matters of religion; and that the same shall in nowise diminish, enlarge, 
or affect their civil capacities ; and that all other religious rights and privi- 
leges of the people of this State, as now enjoyed, shall remain inviolate and 
inviolable. 

23. No witness shall be called in question before the Legislature, nor in 
any court of this State, nor before any magistrate or other person author- 
ized to administer an oath or aflirmation, for his or her religious belief, or 
opinions, or any part thereof; and no objection to a witness, on the ground 
of his or her religious opinions, shall be entertained or received. 

24. The citizens shall continue to enjoy and freely exercise all the rights 
of fishery, and privileges of the shore, to which they have been heretofore 
entitled under the charter and usages of this State. 



62 Doc. No 225. 

25. The enumeration of the foregoing rights shall not be construed to 
impair nor deny others retained by the people. 

ARTICLE II. 
Of electors and the right of suffrage. 

1. Every white male citizen of the United States, of the age of twenty- 
one years, who has resided in this State for one year, and in any town, city, 
or district of the same for six months, next preceding the election at which 
he offers to vote, shall be an elector of all officers who are elected, or may 
hereafter be made eligible by the people. But persons in the military, naval, 
or marine service of the United States, shall not be considered as having 
such estabhshed residence, by being stationed in any garrison, barrack, or 
military place in any town or city in this State. 

2. Paupers and persons under guardianship, insane, or lunatic, are exclu- 
ded from the electoral right; and the same shall be forfeited on conviction 
of bribery, forgery, perjury, theft, or other infamous crime, and shall not 
be restored unless by an act of the General Assembly. 

3. No person who is excluded from voting, for want of the qualification 
first named in section first of this article, shall be taxed, or be liable to do 
military duty ; provided, that nothing in said first article shall be so con- 
strued as to exempt from taxation any property or persons now liable to be 
taxed. 

4. No elector who is not possessed of, and assessed for ratable property 
in his own right, to the amount of one hundred and fifty dollars, or who 
shall have neglected or refused to pay any tax assessed upon him, in any 
town, city, or district, for one year preceding the town, city, ward, or district 
meeting at which he shall offer to vote, shall be entitled to vote on any 
question of taxation, or the expenditure of any public moneys in such 
town, city, or district, until the same be paid. 

5. In the city of Providence, and other cities, no person shall be eligible 
to the office of mayor, alderman, or common councilman, who is not taxed, 
or who shall have neglected or refused to pay his tax, as provided in the 
preceding section. 

6. The v^oting for all officers chosen by the people, except town or city 
officers, shall be by ballot ; that is to say, by depositing a written or printed 
ticket in the ballot box, without the name of the voter written thereon. 
Town or city officers sball be chosen by ballot, on the demand of any two 
persons entitled to vote for the same. 

7. There shall be a strict registration of all qualified voters in the towns 
and cities of the State ; and no person shall be permitted to vote, whose 
name has not been entered upon the list of voters before the polls are opened. 

8. The General Assembly shall pass all necessary laws for the prevention 
of fraudulent voting by persons not having an actual, permanent residence, 
or home, in the State, or otherwise disqualified according to this constitu- 
tion ; for the careful registration of all voters, previously to the time of vo- 
ting ; for the prevention of frauds upon the ballot-box ; for the preservation 
of the purity of elections ; and for the safekeeping and accurate counting 
of the votes ; to the end that the will of the people may be freely and fully 
expressed, truly ascertained, and effectually exerted, without intimidation, 
suppression, or unnecessary delay. 



Doc. No. 225. 63 

9. The electors shall be exempted from airest on days of election, and 
one day before, and one day after tlie same, except in cases of treason, fel- 
ony, or breach of the peace. 

10. No person shall be eligible to any office by the votes of the people, 
who does not possess the qualifications of an elector. 

ARTICLE III. 
Of the distribution of powers. 

1. The powers of the Government shall be distributed into three depart- 
ments — the legislative, the executive, and the judicial. 

2. No person or persons connected with one of these departments shall 
exercise any of the powers belonging to either of the others, except in cases 
herein directed or permitted. 

ARTICLE IV. 
Of the legislative department. 

1. The legislative power shall be vested in two distinct Houses: the 
one to be called the House of Representatives, the other the Senate, and 
both together the General Assembly. The concurrent votes of the two 
Houses shall be necessary to the enactment of laws ; and the style of their 
laws shall be : Be it enacted by the General Assembly, as follows, 

2. No member of the General Assembly shall be eligible to any civil office 
under the authority of the State, during the term for which he shall have 
been elected. 

3. If any Representative, or Senator, in the General Assembly of this 
State, shall be appointed to any office under the Government of the United 
States, and shall accept the same, after his election as such Senator or Rep- 
resentative, his seat shall thereby become vacant. 

4. Any person who holds an office under the Government of the United 
States may be elected a member of the General Assembly, and may hold 
his seat therein, if, at the time of his taking his seat, he shall have resigned 
said office, and shall declare the same on oath, or affirmation, if required. 

5. No member of the General Assembly shall take any fees, be of coun- 
sel or act as advocate in any case pending before either branch of the Gen- 
eral Assembly, under penalty of forfeiting his seat, upon due proof thereof. 

6. Each House shall judge of the election and qualifications of its mem- 
bers ; and a majority of all the members of each House, whom the towns 
and senatorial districts are entitled to elect, shall constitute a quorum to do 
business; but a smaller number may adjourn from day to day, and may 
compel the attendance of absent members, in such manner, and under such 
penalties, as each House may have previously prescribed. 

7. Each House may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two-thirds 
of the members elected, expel a member ; but not a second time for the 
same cause. 

8. Each House shall keep a journal of its proceedings, and publish the 
same when required by one fifth of its members. The yeas and nays of 



64 Doc. No. 225. 

the members of either House shall, at the desire of any five members pres- 
ent, be entered on the journal. 

9. Neither House shall, without the consent of the other, adjourn for 
more than two days, nor to any other place than that at which the General 
Assembly is holding its session. 

10. The Senators and Representatives shall, in all cases of civil process, 
be privileged from arrest during the session of the General Assembly, and 
for two days before the commencement, and two days after the termination 
of any session thereof For any speech in debate in either House, no 
member shall be called in question in any other place. 

11. The civil and military officers, heretofore elected in grand commit- 
tee, shall hereafter be elected annually by the General Assembly, in joint 
committee, composed of the two Houses of the General Assembly, except- 
ing as is otherwise provided in this constitution ; and excepting the cap- 
tains and subalterns of the militia, who shall be elected by the ballots of 
the members composing their respective companies, in such manner as the 
General Assembly may prescribe ; and such officers, so elected, shall be ap- 
proved of and commissioned by the Governor, who shall determine their 
rank; and, if said companies shall neglect or refuse to make such elections, 
after being duly notified, then the Governor shall appoint suitable persons 
to fill such offices. 

12. Every bill and every resolution requiring the concurrence of the two 
Houses, (votes of adjournment excepted,) which shall have passed both 
Houses of the General Assembly, shall be presented to the Governor for 
his revision. If he approve of it, he shall sign and transmit the same to 
the Secretary of State ; but, if not, he shall return it to the House in which 
it shall have originated, with his objections thereto, which shall be entered 
at large on their journal. The House shall then proceed to reconsider the 
bill ; and if, after such reconsideration, that House shall pass it by a major- 
ity of all the members elected, it shall be sent with the objections to the 
other House, which shall also reconsider it ; and, if approved by that House 
by a majority of all the members elected, it shall become a law. If the bill 
shall not be returned by the Governor within forty-eight hours (Sundays 
excepted) after it shall have been presented to him, the same shall become a 
law, in like manner as if he had signed it, unless the General Assembly, by 
their adjournment, prevent its return ; in which case, it shall not be a law. 

13. There shall be two sessions of the General Assembly in every year: 
one session to be held at Newport, on the first Tuesday of June, for the 
organization of the government, the election of officers, and for other busi- 
ness ; and one other session on the first Tuesday of January, to be held at 
Providence, in the first year after the adoption of this constitution, and in 
every second year thereafter. In the intermediate years, the January ses- 
sion shall be forever hereafter held in the counties of Washington, Kent, or 
Bristol, as the General Assembly may determine before their adjournment 
in June. 

ARTICLE V. 
Of the House of Representatives. 

1. The House of Representatives shall consist of members chosen by the 
electors in the several towns and cities, in their respective town and ward 
meetings, annually. 

2. The towns and cities shall severally be entitled to elect members ac- 



Doc. No. 225. 65 

cordina^ to the apportionment which follows, viz: Newport to elect five ; 
Warwick four; Smithfield five; Cumberland, North Providence, and Scit- 
uate, three ; Portsmouth, Westerly, New Shoreham, North Kingstown, 
South Kingstown, East Greenwich, Glocester, West Greenwich, Coven- 
fry, Exeter, Bristol, Tiverton, Little (.'ompton, Warren, Richmond, Cran- 
ston, Charlestown, Hopkinton, Johnston, Foster, and Burrillville, to elect 
two ; and Jamestown, Middletown, atid Barrington, to elect one. 

3. In the city of Providence, there shall be six representative districts, 
which shall be the six wards of said city ; and the electors resident in said 
districts, for the term of three months next preceding the election at which 
they ofier to vote, shall be entitled to elect two Representatives for each 
district. 

4. The General Assembly, in case of great inequality in the population 
of the wards of the city of Providence, may cause the boundaries of the 
six representative districts therein to be so altered as to include in each dis- 
trict, as nearly as may be, an equal number of inhabitants. 

5. The House of Representatives shall have authority to elect their own 
Speaker, clerks, and other officers. The oath of T)ffice shall be adminis- 
tered to tlie Speaker by the Secretary of State, or, in his absence, by the 
Attorney General. 

0. Whenever the seat of a member of the House of Representatives shall 
be vacated by death, resignation, or otherwise, the vacancy may be tilled 
by a new election. 

ARTICLE VI. 
Of the Senate. 

1. The State shall be divided into twelve senatorial districts ; and each 
district shall be entitled to one Senator, who shall be annually chosen by 
the electors in his district. 

2. The first, second, and third representative districts in the city of 
Providence, shall constitute the first senatorial district; the fourth, fifth, 
and sixth representative districts in said city, the second district; the town 
of Smithfield, the third district ; tlie towns of North Providence and Cum- 
berland, the fourth district; the towns of Scituate, Glocester, Burrillville, 
and Johnston, the fifth district ; the towns of Warwick and Cranston, the 
sixth district ; the towns of East Greenwich, West Greenwich, Coventry, 
and Foster, the seventh district ; the towns of Newport, Jamestown, and 
New Shoreham, the eighth district; the towns of Portsmouth, Middletown, 
Tiverton, and Little Compton, the ninth district; the towns of North 
Kingstown and South Kingstown, the tenth district ; the towns of West- 
erly, Charlestown, Exeter, Richmond, and Hopkinton, the eleventh district; 
the towns of Bristol, Warren, and Barrington, the twelfth district. 

3. The Lieutenant Governor shall be, by virtue of his office, President 
of the Senate ; and shall have a right, in case of an equal division, to vote 
in the same; and also to vote in joint committee of the two Houses. 

4. When the government shall be administered by the Lieutenant Gov- 
ernor, or he shall be unable to attend as President of the Senate, the Senate 
shall elect one of their own members President of the same. 

5. Vacancies in the Senate, occasioned by death, resignation, or other- 
wise, may be filled by a new election. 

6. The Secretary of State shall be, by virtue of his office, Secretary of 
the Senate. 

5 



66 Doc. No. 225. 

ARTICLE VII. 
Of inipeaclimevts. 

1. The House of Representatives shall have the sole power of impeach- 
ment. 

2. All impeachments shall be tried by the Senate ; and when sitting for 
that purpose, they shall be on oath or affirmation. No person shall be con- 
victed except by a vote of two thirds of the members elected. When the 
Governor is impeached, the chief justice of the supreme court shall preside, 
with a casting vote in all prelimniary questions. 

3. The Governor, and all other executive and judicial ofticers, shall be 
liable to impeachment; but judgments, in such cases, shall not extend 
further than to removal from office. The party convicted shall, neverthe- 
less, be liable to indictment, trial, and punishment, according to law. 

ARTICLE VIII. 
Of the Executive Department. 

1. The chief executive power of this State shall be vested in a Gov- 
ernor, who shall be chosen by the electors, and shall hold his office for one 
year, and until his successor be duly qualified. 

2. No person holding any office or place under the United States, this 
State, any other of the United States, or any foreign power, shall exercise 
the office of Governor. 

3. He shall take care that the laws are fliithfully executed. 

4. He shall be commander in-chief of the military and naval forces of 
the State, except when called into the actual service of the United States ; 
but he shall not march nor convey any of the citizens out of the State, 
without their consent, or that of the General Assembly, unless it shall be- 
come necessary in order to march or transport them from one part of the 
State to another, for the defence thereof. 

5. He shall appoint all civil and military officers, whose appointment is 
not by this constitution, or shall not by law, be otherwise provided for. 

6. He shall, from time to time, inform the General Assembly of the con- 
dition of the State, and recommend to their consideration such measures 
as he may deem expedient. 

7. He may require from any military officer, or any officer in the exec- 
utive department, information upon any subject relating to the duties of 
his office. 

8. He shall have power to remit forfeitures and penalties, and to grant 
reprieves, commutation of punishments, and pardons after conviction, ex- 
cept in cases of impeachment. 

9. The Governor shall, at stated times, receive for his services a com- 
pensation which shall not be increased nor diminished during his contin- 
uance in office. 

10. '^J'here shall be elected, in the same manner as is provided for the 
election of Governor, a Lieutenant Governor, who shall continue in office 
for the same term of time. Whenever the office of Governor shall become 
vacant by death, resignation, removal from office, or otherwise, the Lieu- 
tenant Governor shall exercisci the office of Governor until another Gov- 
ernor shall be duly qualified. 



Doc. No. 225. 67 

!l. Whenever the offices of Governor and Lieutenant Governor shall 
both become vacant, by death, resignation, removal from office, or other- 
wise, the President of the Senate shall exercise the office of Governor until 
a Goverrjor be duly qualified; and should such vacancies occur during a 
recess of tlie General Assembly, and there be no President of the Senate, 
the Secretary of State shall, by proclamation, convene the Senate, that a 
President may be chosen to exercise the office of Governor. 

12. Whenever the Lieutenant Governor or President of the Senate shall 
exercise the office of Governor, he shall receive the compensation of Gov- 
ernor only; and his duties as President of the Senate shall cease while he 
shall continue to act as Governor; and the Senate shall fill the vacancy by 
an election from their own body. 

13. In case of a disagreement between the two Houses of the General 
Assembly respecting the time or place of adjournment, the person exer- 
cising the office of Governor may adjourn them to such time or place as 
he shall think proper ; provided that the time of adjournment shall not be 
extended beyond the first day of the next stated session. 

14. The person exercising the office of Governor may, in cases of special 
necessity, convene the Gemral Assembly at any town or city in this State, 
at atiy other time than hereinbefore provided. And, in case of danger from 
the prevalence of epidemic or contagious diseases, or from other circum- 
stances, in the place in which the General Assembly are next to meet, he 
may, by proclamation, convene the Assembly at any other place within the 
State. 

15. A Secretary of State, a General Treasurer, and an Attorney General 
shall also be chosen annually, in the same manner, and for the same time, 
as is herein provided respecting the Governor. The duties of these offi- 
cers shall be the same as are now or may hereafter be prescribed by law. 
Should there be a failure to choose either of them, or should a vacancy 
occur in either of their offices, the General Assembly shall fill the place by 
an election in joint committee. 

IG. The electors in eacli county shall, at the annual elections, vote for an 
inhabitant of the county to be sheriff of said county, for one year, and until 
a successor be duly qualified. In case no person shall have a majority of the 
electoral votes of his county for sheriff, the General Assembly, in joint 
committee, shall elect a sheriff from the two candidates who shall have the 
greatest number of votes in such county. 

17. All commissions shall be in the name of the State of Rhode Island 
and Providence Plantations, sealed with the seal of the State, and attested 
by the Secretary. 

ARTICLE IX. 
General provisions. 

\. This constitution shall be the supreme law of the State ; and all laws 
contrary to, or inconsistent with the same, which may be passed by the 
General Assembly, shall be null and void. 

2. The General Assembly shall pass all necessary laws for carrying this 
constitution into effect. 

3. The judges of all the courts, and all other officers, both civil and mil- 
itary, shall be" bound by oath or affirmation to ihc due obscivance of this 
constitution, and of the constitution of thu Uuiit>d States. 



68 Doc. No. 225. 

4. No jnrisdiciion shall, hereafter, be entertained by the General Assem- 
bly in cases of insolvency, divorce, sale of real estate of minors, or appeal 
from judicial decisions, nor in any other matters appertaining to the juris- 
diction of judges and courts of law. But the General Assembly shall con- 
fer upon the courts of the State all necessary powers for affording relief 
in the cases herein named ; and the General Assembly shall exercise all 
other jurisdiction and authority, which they have heretofore entertained, 
and which is not prohibited by, nor repugnant to, this constitution. 

5. The General Assembly shall, from time to time, cause estimates to be 
made of the ratable property of the State, in order to the equitable appor- 
tionment of State taxes. 

6. Whenever a direct tax is laid by the State, one sixth part thereof shall 
be assessed on the polls of the qualified electors: provided that the tax on 
a poll shall never exceed the sum of fifty cents ; and that all persons v ho 
actually perform military duty, or duty in the fire department, shall be ex- 
empted from said poll-tax. 

7. The General Assembly shall have no power hereafter to incur State 
debts, to an amount exceeding the sum of fifiy thousand dollars, except in 
time of war, or in case of invasion, wiihoul the express consent of the peo- 
ple. Every proposition for such increase shall be submitted to the electors 
at the next annual election, or on some day to be set apart for that purpose; 
and shall not be farther entertained by the General Assembly; unless it re- 
ceive the votes of a majority of all the persons voting. This section shall 
not be construed to refer to any money (hat now is, or hereafter may be, 
deposited with this State by the General Government, 

8. The assent of two thirds of the members elected to each House of the 
General Assembly shall be requisite to every bill appropriating the public 
moneys, or property, for local or private purposes ; or for creating, continu- 
ing, altering, or renewing any body politic or corporate, banking corpora- 
tions excepted. 

9. Hereafter, when any bill creating, continuing, altering, or renewing 
any banking corporation, authorized to issue its promissory notes for circu- 
lation, shall pass the two Houses of the General Assembly, instead of being 
sent to the Governor, it shall be referred to the electors for their considera- 
tion, at the next annual election, or on some day to be set apart for that pur- 
pose, with printed tickets containing the question — Shall said bill (with a 
brief description thereof) be approved, or not? and if a majority of the 
electors voting shall vote to approve said bill, it shall become a law; other- 
wise not. 

10. All grants of incorporation shall be subject to future acts of the Gen- 
eral Assembly, in amendment or repeal thereof, or in anywise affecting the 
same; and this provision shall be inserted in all acts of incorporation here- 
after granted. 

11. The General Assembly shall exercise, as heretofore, a visitatorial 
power over corporations. Three bank commissioners shall be chosen at 
the June session for one year, to carry out the powers of the General As- 
sembly in this respect. And commissioners for the visitation of other cor- 
porations, as the General Assembly may deem expedient, shall be chosen at 
the June session, for the same term of office. 

12. No city council, or other government, in any city, shall have power 
to vote any tax upon the inhabitants thereof, excepting the amount neces- 
sary to meet the ordinary public expenses in the same, without first submit- 



Doc. No. 225. 69 

ting the question of an additional tax, or taxes, to the electors of said city; 
and a majority of all who vote shall determine the question. But no elec- 
lor shall he entitled to vote, in any city, upon any question of taxation thus 
submitted, unless he shall be qualified by the possession, in his own right, of 
ratable property to the amount of one hundred and fifty dollars, and shall 
have been assessed thereon to pay a city tax, and shall have paid the same, 
as provided m section fourth of article two. JNothing in that article shall 
be so construed as to prevent any elector from voting for town officers, and, 
in the city of Providence, and other cities, for mayor, alderinpn, and mem- 
bers of the common council. 

13. The General Assembly shall not pass any law, nor cause any act or 
thing to be done, in any way to disturb any of the owners or occupants of 
land in any territory now under the jurisdiction of any other State or States, 
the jurisdiction whereof may be ceded to, or decreed to belong to, this State ; 
and the inhabitants of such territory shall continue in the full, quiet, and 
undisturbed enjoyment of their titles to the same, without interference in 
any way on the part of this Slate. 

ARTICLE X. 
Of elections. 

1. The election of the governor, lieutenant governor, secretary of state, 
general treasurer, attorney general, and also of senators and representatives 
to the General Assembly, and of sheriffs of the counties, shall be held on 
iiie third Wednesday of April aniuially. 

2. The names of the persons voted for as governor, lieutenant governor, 
secretary of state, general treasurer, attorney general, and. sheriffs of the 
respective counties, shall be put upon one ticket; and the tickets shall be 
deposited by the electors in a box by themselves. The names of the per- 
sons voted for as senators and as representatives, shall be put upon separate 
tickets, and the tickets shall be deposited in separate boxes. The polls for 
all the officers named in this section shall be opened at the same time. 

3. All the votes given for governor, lieutenant governor, secretary of 
state, general treasurer, attorney general, sherifts, and also for senators, shall 
remain in the ballot boxes till the polls be closed. These votes shall then, 
in open town and ward meetings, and in the presence of at least ten quali- 
fied voters, be taken out and sealed up, in separate envelopes, by the moder- 
ators and town clerks, and by the wardens and ward clerks, who shall cer- 
tify the same, and forthwith deliver or send them to the Secretary of State, 
whose duty it shall be securely to keep the same, and to deliver the votes 
for State officers and sheriffs to the Speaker of the House of Representa- 
tives, after the House shall be organized, at the June session of the General 
Assembly. The votes last-named shall, without delay, be opened, counted, 
and decliu-ed, in such maimer as the House of Representatives shall direct ; 
and the oath of office shall be administered to the persons who shall be de- 
clared to be elected, by the Speaker of the House of Representatives, and 
in the presence of the House, provided that the sheriffs may take their 
eiio-agemenl before a Senator, judge, or justice of the peace. The votes for 
Senators shall be counted by the Governor and Secretary of State within 
seven days from the day of election ; and the Governor shall give certifi- 
cates to the Senators who are elected. 



70 Doc No. 225. 

4. The boxes eontainitio^ the votes for representatives to the General As- 
sembly in the several towns shall not be opened till the polls for representa 
tives are declared to be closed. The votes shall tiren be counted by the 
moderator and clerk, who shall announce the resr.lt, and give cerlificaies 
to the person selected. If there be no election, or not an election of the 
whole number of representatives to which the town is entitled, the polls 
for representatives may be re-opened, and the like proceedings shall be had, 
until an election shall take place : provided, however, that an adjournment 
of the election may be made to a time not exceeding seven days from the 
first meeting. 

5. In the city of Providence, and other cities, the polls for representativ^es 
shall be kept open during the whole time of voting for the day ; and the 
votes in the several wards shall be sealed up, at the close of the meeting, 
by the wardens and ward clerks, in the presence of at least ten qualified 
electors, and delivered to the city clerks. The mayor and aldermen of said 
city or cities shall proceed to count said votes within two days from the 
day of election ; and if no election, or an election of only a portion of the 
representatives whom the representative districts are entitled to elect, shall 
have taken place, the mayor and aldermen shall order a new election, to 
be held not more than ten days from ihe day of the first election ; and so 
on, till the election of repres mtatives shall be completed. Certificates of 
election shall h>e furnished to tlie persons chosen by the city clerks. 

6. If there be no choice of a senator or senators at the annual election, 
the Governor shall issue his warrant to the town, and ward clerks of tlie 
several towns and cities in tlie senatorial district or districts that may have 
failed to elect, requiring them to open town or ward meetings for another 
election, on a day not more than fifteen days beyond the time of counting 
the votes for senators. If, on the second trial there shall be no choice of a 
senator, or senators, the Governor shall certify the result to the Speaker of 
the House of Representatives ; and the House of Representatives, and as 
many senators as shall have been chosen, shall forthwith elect, in joint 
committee, a senator or senators, from the two candidates who may receive 
the highest number of votes in each district. 

7. If there be no choice of Governor, at the annual election, the Speaker 
of the House of Representatives shall issue his warrant to the clerks of 
the several towns and cities, requirins: them to notify town and ward meet- 
ings for another election, on a day to be named by him, not more than 
thirty, nor less than twenty days beyond the time of receiving the report 
of the committee of the House of Representatives who shall count the 
votes for Governor. If on this second trial there shall be no choice of 
a Governor, the two Houses of the General Assembly shall, at their next 
session, in joint committee, elect a Governor from the two candidates hav- 
ing the highest number of votes, to hold his office for the remainder of the 
political year, and until his successor be duly qualified. 

8. If there be no choice of Governor and Lieutenant Governor at the 
annual election, the same proceedings for the choice of a Lieutenant Gov- 
ernor shall be had as are directed in the preceding section : |)rovided, that 
the second trial for the election of Governor and liieutenant Governor shall 
be on the same day ; and also provided, that, if the Governor shall be 
chosen at the annual electiofi, and the Lieutenant Governor shall not be 
chosen, then the last named officer shall be elected in joint committee ol 
the two Houses, from the two candidates having the highest number of 



Doc No. 225. 71 

votes, without a further appeal to tiie electors. The Lieutenant Governor, 
elected as is provided in this section, shall hold his office as is provided 
in the preceding section respecting the Governor. 

9. All town, city, and ward meetings for the choice of representatives, 
justices of the peace, sheriffs, senators, state officers, representatives to 
Congress, and electors of President and Vice President, shall be notified by 
the town, city, and ward clerks, at least seven days before the same are 
held. 

lU. In all elections held by the people under this constitution, a majority 
of all the electors voting shall be necessary to the choice of the person or 
persons voted for. 

11. The oath, or afllrmation, to be taken by all the officers named in this 
article shall be the following: You, beinff elected to the place of gover- 
nor, lieutenant governor, secretary of slate, general treasurer, attorney 
general, or to the places of senators or representatives, or to the office of 
sheriff' or justice of the peace, do solemnly swear, or severally solemnly 
swear, or affirm, that you will be true aud faithful to the State of Rhode 
Island and Providence Plantations, and that you will support the consti- 
tution thereof; that you will support the constitution of the United States ; 
and that you will faithfully and impartially discharge the duties of your 
aforesaid office, to the best of your abilities and understanding : so help 
you God ! or, this affirmation you make and give upon the peril of the 
penalty of perjury. 

ARTICLE XI. 
Of the Judiciary. 

1. The judicial power of this State shall be vested in one supreme court, 
and in such other courts, inf(9rior to the supreme court, as the Legislature 
may, from time to tmie, ordain and establish ; and the jurisdiction of the 
supreme and of all other courts may, from time to time, be regulated by 
the General Assembly. 

2. ('hancery powers may be conferred on the supreme court ; but no 
other court exercising chancery powers shall be established in this State, 
except as is now provided by law. 

3. The justices of the supreme court shall be elected in joint com- 
mittee of the two Houses, to hold their offices for one year, and until 
their places be declared vacant by a resolution to that effect, which shall 
be voted for by a majority of all the members elected to the House in which 
it may originate, and be concurred in by the same vote of the other House, 
without revision by the Governor. Such resolution shall not be entertained 
at any other than the annual session for the election of public officers; 
and, in default of the passage thereof at the said session, the judge, or 
judges, shall hold his or their place or places for another year. But a judge 
of any court shall be removable from office, if, upon impeachment, he shall 
be found guilty of any official misdemeanor, 

4. In case of vacancy by the death, resignation, refusal, or inability to 
serve, or removal from the State of a judge of any court, his place may be 
filled by the joint committee, until the next annual election ; when, if elect- 
ed, he shall hold his office as herein provided. 

5. The justices of the supreme court shall receive a compensation, which 
shall not be diminished durin<): their continuance in office. 



72 Doc. No. 225. 

6. The judges of the courts inferior to the supreme court shall be annu- 
ally elected in joint committee of the two Houses, except as herein provided. 

7. There shall be annually elected by each town, and by the several 
wards in the city of Providence, a sufficient number of justices of the 
peace, or wardens resident therein, with such jurisdiction as the General 
Assembly may prescribe. And said justices or wardens (except in the 
towns of New Shoreham and Jamestown) shall be comnnssiojied by the 
Governor. 

8. 'I'he General Assembly may provide that justices of the peace, who 
are not re-elected, may hold their offices for a time not exceeding ten days 
beyond the day of the annual election of these officers. 

9. The courts of probate in this State, except the supreme court, shall re- 
main as at present established by law, until the General Assembly shall 
otherwise prescribe. 

ARTICLE XII. 
Of edvcation. 

1. All moneys which now are, or may hereafter be, appropriated, by the 
authority of the State, to public education, shall be securely invested, and 
remain a perpetual fund for the maintenance of free schools in tfiis State; 
and the General Assembly are prohibited from diverting said moneys or 
fund from this use, and from borrowing, appropriating, or using the same, 
or any part thereof, for any other purpose, or under any pretence whatso- 
ever. But the income derived from said moneys or fund shall be annually 
paid over, by the general treasurer, to the towns and cities of the State, for 
the support of said schools, in equitable proportions : provided, however, 
that a portion of said income may, in the discretion of the General Assem- 
bly, be added to the principal of said fund. 

2. The several towns and cities shall faithfully devote their portions of 
said annual distribution to the support of free schools ; and, in default there- 
of, shall forfeit their shares of the same to the increase of the fund. 

3. All charitable donations for the support of free schools, and other pur- 
poses of public education, shall be received by the General Assembly, and 
invested and applied agreeably to the terms prescribed by the donors : pro- 
vided the same be not inconsistent with the constitution, or with sound 
public policy ; in which case, the donation shall not be received. 

ARTICLE XIII. 

Ame7id'me7its. 

The General Assembly may propose amendments to tliis constitution by 
the vote of a majority of all the members elected to each House. Such 
propositions shall be published in the newspapers of the Stale; and printed 
copies of said propositions shall be sent by the Secretary of State, with the 
names of all the members who shall have voted thereon, with the yeas and 
nays, to all the town and city clerks in the State; and the said propositions 
shall be, by said clerks, inserted in the notices by them issued, for warning 
the next annual town and ward meetings ni April; and the town and ward 
clerks shall read said propositions to the electors, when thus assembled, 



Doc. No. 225. 73 

with the names of all the Representatives and Senators who shall have 
voted thereon, with the yeas and nays, before the election of Representa- 
tives and Senators shall be had. If a majority of all the members elected 
at said annual meetings, present in each House, shall approve any proposi- 
tion thus made, the same shall be published, as before provided, and then 
sent to the electors in the mode provided in the act of approval ; and, if then 
approved by a majority of the electors who shall vote in town and ward 
meetings, to be specially convened for that purpose, it shall become a part 
of the constitution of the State. 

ARTICLE XIV. 
Of the udoptimi of the constitution 

1. This constitution shall be submitted to the people, for their adoption 
or rejection, on Monday, the 27th day of December next, and on the two 
succeeding days ; and all persons voting are requested to deposite in the bal- 
lot boxes printed or written tickets in the following form: I am an Ameri- 
can citizen, of the age of twenty-one years, and have my permanent resi- 
dence, or home, m this State. 1 am (or not) qualified to vote under the ex- 
isting laws of this State. I voti^ for (or against) the constitution formed by 
the convention of the people, assembled at l*rovidence, and which was pro- 
posed to the people by said convention on the 18th day of November, 1S41. 

2. Every voter is requested to write his name on the face of his ticket; 
and every person, entitled to vote as aforesaid, who, from sickness or other 
causes, may be unable to attend and vote in the town or ward meetings as- 
sembled for voting upon said constitution, on the days aforesaid, is request- 
ed to write his name upim a ticket, and to obtain the signature upon the 
back of the same of a person who has given in his vote, as a witness there- 
to. And the moderator, or clerk, of any town or ward meeting convened 
for the purpose af)resaid, shall receive such vote, on either of the three days 
next succeedmg the three days before named for voting on said constitu- 
tion. 

3. The citizens of the several towns in this State, and of the several 
wards in the city of Providence, are requested to hold town and ward meet- 
mgs on the days appointed, and for the purpose aforesaid ; and also to choose, 
in each town and ward, a moderator and clerk, to conduct said meetings, 
and receive the voles. 

4. The moderators and clerks are required to receive, and carefully to 
keep, the votes of all persons (jualifitd to vote as aforesaid, and to make 
registers of all the persons voting ; which, together with the tickets given 
in by the voters, shall be sealed nj), and returned by said moderators and 
clerks, with certificates signed and sealed by them, to the clerks of the con- 
vention of the people, to be by them safely deposited and kept, and laid be- 
fore said convention, to be counted and declared at their next adjourned 
meeting, on the 12th day of January, 1842. 

5. This constitution, except so much thereof as relates to the election of 
the officers named in the sixth section of this article, shall, if adopted, go 
into operation on the first Tuesday of May, in the year one thousand eight 
liundred and forty-two. 

6. So much of the constitution as relates to the election of the officers 
named in this section shall go into operation on the Monday before the 



74 Doc. No. 225. 

third Wednesday of April next preceding. The first election under this 
conslitiition, of Governor, Lieutenant Governor, Secretary of State, Gen- 
eral Treasurer, and Attorney General, of Senators and Representatives, of 
sheriti's for the several counties, and of justices of the peace for the several 
towns, and the wards of the city of Providence, shall take place on the 
Monday aforesaid. 

7. The electors of the several towns and wards are authorized to assem- 
ble on the day aforesaid, without being notified, as is provided in section 
9th of article 10, and without the registration required in section 7th of 
article 2, and to choose moderators and clerks, and proceed in the election 
of the officers nansed in the preceding section. 

S. The votes given in at the first election for Representatives to the Gen- 
eral Assembly, and for justices of the peace, shall be counted by the modera- 
tors and clerks of the towns and wards chosen as aforesaid ; and certificates 
of election shall be furnished by them to the Representatives and justices of 
the peace elected. 

9. Said moderators and clerks shall seal up, certify, and transmit to the 
House of Representatives all the votes that may be given in at said first elec- 
tion for Governor and State officers, and for Senators and sheriffs ; and the 
votes shall be counted as the House of Representatives may direct. 

10. The Speaker of the House of Representatives shall, at the first ses- 
sion of the same, qualify himself to adtninister the oath of office to the 
members of the House, and to other officers, by taking and subscribing the 
same oath in the presence of the House. 

11. The first session of the Genera! Assembly shall be held in the city 
of Providence on the first Tuesday of May, in tfie year one thousand eight 
hundred and forty-two, with such adjournments as may be necessary; but 
all other sessions sliall be held as is provided in article 4 of this consti- 
tution. 

12 If any of the Representatives, whom the towns or districts are entitled 
to choose at the first annual election aforesaid, shall not be then elected, or 
if their places shall become vacant during (he year, the same proceedings 
may be had to complete the election, or to su()ply vacancies, as are directed 
concerning elections in the preceding sections oif this article. 

13. If there shall be no election of Governor or Lieutenant Governor, or 
of both of these officers, or of a Senator or Senators, at the first annual elec- 
tion, the House of Representatives, and as many Senators as are chosen, 
shall forthwith elect, in joint committee, a Governor or Lieutenant Gov- 
ernor, or both, or a Senator or Senators, to hold their offices for the re- 
mainder of the political year, and, in the case of the two officers first named, 
until their successors shall be duly qualified. 

14. If the number of justices of the peace determined by the several 
towns and wards on the day of the first annual election shall not be then 
chosen, or if vacancies shall occur, the same proceedings shall be had as are 
provided for in this article in the case of a non-election of Representatives 
and Senators, or of vacancies in their offices. The justices of the peace 
thus elected shall hold office for the remainder of the political year, or 
until the second annual election of justices of the peace, to be held on such 
day as may be prescribed by the General Assembly. 

15. The justices of the peace elected in pursuance of the provisions of 
tins article, niay be engaged by the persons acting as moderators of the 
town and ward meetings, as herein provided ; and said justices, after ob- 



Doc. No. 225. 75 

laiuino- their certificates of election, may discharge the duties of their office, 
for a time not exceeding twenty days, without a commission from tht; Gov- 
ernor. 

10. Nothing contained in this article, inconsistent with any of the pro- 
visions of other articles of the constitution, shall continue in force for a 
longer period than the first political year under the same. 

17. The present government shall exercise all the powers with which it 
is now clothed, until the said first Tuesday of May, one thousand eight 
hundred and forty two, and until their successors, under this constitution, 
shall be duly elected and qualified. 

18. All civil, judicial, and military officers now elected, or who shall 
hereafter be elected by the General Assembly, or other competent authority, 
before the said first Tuesday of May, shall hold their offices, and may exer- 
cise their powers, until that time. 

19. All laws and statutes, public and private, now in force, and not re- 
pugnant to this constitution, shall continue in force until they expire by 
their own limitation, or are repealed by the General Assembly. All con 
tracts, judgment.^, actions, and rights of action, shall be as valid as if this 
constitution had not been made. All debts contracted, and engagements 
entered into, before the adoption of this constitution, shall be as valid against 
the State as if this constitution had not been made. 

20. The supreme court, established by this constitution, shall have the 
same jurisdiction as the supreme judicial court at present established ; and 
shall have jurisdiction of all causes which may be appealed to, or pending 
in the same; and shall ba held at the sam<^ times and places in each 
county, as the present supreme judicial court, until the General Assembly 
shall otherwise prescribe. 

21. The citizens of the. town of New Shoreham shall be hereafter ex- 
empted from military duty, and the duty of serving as jurors in the courts 
of tliis State. The citizens of the town of Jamesto^vn shall be forever here- 
after exempted from military field duty. 

22. The General Assembly shall, at their first session after the adoption 
of this constitution, propose to the electors the question, whether the word 
" white," in the first line of the first section of article 2 of the constitution, 
shall be stricken out. The question shall be voted upon at the succeeding 
annual election ; and if a majority of the electors voting shall vote to strike 
out the word aforesaid, it shall be stricken f>om the constitution ; otherwise, 
not. If the word aforesaid shall be stricken out, section 3d of article 2 
shall cease to be a part of the constiiution. 

23. The president, vice presidents, and secretaries shall certify and sign 
this constitution, and cause the same to be published. 

Done in convention at Providence, on the I8th day of November, in the 
year one thousand eight hundred and forty-one, and of American inde- 
pendence the sixty sixth. 

.lOSEPH JOSLIN, President of the Convention. 
WAGER WEEDEN, ) y. p,,,,-^,„/, 
SAMUEL H. WALES, \ ^ i<-e ncsiacms. 

Attest : 

W.LI.K.M H. SaUTII, ; ^^^.^.^^^^^.^^ 

JoiJN S. Harris, ^ 



76 Doc. No. 225. 

Freeholders^ Constitution of the iState of Rhode Island and Providence 
Plantations, as adopted February 19, 1842, by the convention assembled 
at Providence November, 1841. 

We, the people of the State of Rhode Island and Providence Plantations, 
do ordain and establish this constitntion for the govern tnent thereof. 

ARTICLE I. 
Declaration of certain constitutional rights and princi/jles. 

In order effectually to secure the religions and political freedom estab- 
lished here by our venerated ancestors, and to preserve the same for their 
posterity, we do declare that the inherent, essential, and unquestionable 
rights and principles hereinafter mentioned, aniong others, shall be estab- 
lished, maintained, and preserved, and shall be of paramount obligation in 
all legislative, judicial, and executive proceedings. 

Section 1. Every person within this State ought to find a certain 
remedy, by having recourse to the laws, for all injuries or wrongs which 
he may receive in his person, property, or character. He ought to obtain 
right and justice freely and without being obliged to purchase it, com- 
pletely and without denial, prouipily and without delay, conformably to 
the laws. 

Sec. 2. The right of the people to be secure in their persons, papers, 
and possessions, against unreasonable searches and seizures, shall not be 
violated; and no warrant shall issue, but on complaint in writing, upon 
probable cause, supported by oath or affirmation, and describing, as nearly 
as may be, the place to be searched, and the persons or things to be seized. 

Sec. 3. No person shall be holden to answer for a cafiitai or other in- 
famous crime, unless on presentment or indictment by a grand jury, except 
in cases of impeachment, or such offences as are usually cognizable by a 
justice of the peace; or, in cases arising in the land or naval forces, or 
in the militia, when in actual service, in time of war or public danger. No 
person shall be tried after an acquittal, for the same offence. 

Sec. 4. Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel punishments inflicted ; and all punishments ought to be pro- 
portioned to the offence. 

Sec. 5. All persons imprisoned ought to be bailable by sufficient sureties, 
unless for capital offences, when the proof is evident, or the presumption 
great. The privilege of the writ of habeas corpus shall not be suspended, 
unless when, in cases of rebellion or invasion, the public safety shall re- 
quire it ; nor ever, without the authority of the General Assembly. 

Sec. 6. In all criminal prosecutions, the accused shall enjoy the privilege 
of a speedy and puldic trial, by an impartial jury; to be informed of the 
nature and cause of the accusation ; to be confronted with the witnesses 
against him; to have compulsory process for obtaining them in his favor; 
and to have the assistance of counsel in his defence, and be at liberty to 
speak for himself; nor shall he be deprived of life, liberty, or property, un- 
less by the judgment of his peers, or the law of the land. 

Sec. 7. The person of a debtor, where there is not strong presumption 
of fraud, ought not to be continued in prison after he shall have delivered 



Doc. No. 225. 77 

lip his property for the benefit of his creditors, in such manner as shall be 
prescribed by law. 

Sec. 8 No ex post facto law, or law impairing tiie obligation of con- 
tracts, shall be made. 

Sec. 9. No man, in u court of common law, shall be compelled to give 
evidence criminating himself. 

Sec. 10. Every man being presumed innocent until pronounced guilty 
by the law, all acts of seventy that are not necessary to secure an accused 
person shall be repressed. 

Sec. 11. The right of trial by jury shall remain inviolate. 

Sec. 12. Private property shall not I e taken for public uses, without just 
compensation. 

Sec. 13. The citizens shall continue to enjoy and freely exercise the 
rights of fishery, and all other rights to which they have been heretofore 
entitled under the charter of this State, except as is herein otherwise pro- 
vided. 

Sec. 14. The military shall always be held in strict subordination to the 
civil authority. 

Sec. 15. No soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner; nor in time of war, but in manner to 
be prescribed by law. 

Sec. U). The liberty of the press being essential to the security of free- 
dom in a Slate, any person may publish his sentiments on any subject, 
being responsible for the abuse of that liberty ; and in ail trials for libel, 
both civil aiul criminal, the truth, unless published from malicious motives, 
shall be a sufficient defence to the person charged. 

Sec. 17. The citizens have a right, in a peaceable manner, to assemble 
for their common good, and to apply to those invested with the powers of 
government for redress of grievances,, or other purposes, by petition, ad- 
dress, or remonstrance. 

Sec. iS. T;;e right of the people to keep and bear arms shall not be 
infringed. 

Sec. 19. Slavery shall not be tolerated in this State. 

Sec. 20. Whereas Almighty God hath created the mind free, and all 
attempts to influence it, by temporal punishments or burdens, or by civil 
incapacitations, tend to beget htibiis of hypocrisy and meanness: and 
whereas a principal object of our venerable ancestors, in their migrations 
to this country, and their settlement of this State, was, as they expressed it, 
to hold Ibrth a lively experiment, that a flourishing civil state may stand, 
and be best maintained, with full liberty in religious concernments : we, 
therefore, declare that no man shall be compelled to frequent or stipport 
any religious worship, place, or ministry whatever ; nor enforced, re- 
strained, molested, or burdened in his body or goods; nor disqualified from 
holding any office, nor otherwise suffer, on account of his religious belief; 
and that all men shall be free to profess, and by argument to maintain, their 
opinion in matters of religion ; and that ihesame shall in nowise diminish, 
enlarge, or affect their civil capacities. 

Sec. 21. The enumeration of the foregoitio- rights shall not be construed 
to impair or deny others retained by the people. 



78 Doc. No. 225. 

ARTICLE ir. 
Of I he right of suffrage. 

Section 1. Every person who is now a freeman, and qualified voter, 
shall continue to be so, so long as he reta ns the qualifications upon which 
he was admitted. 

Skc. 2. Hereafter, every white male native citizen oi the United States, 
or any territory thereof, of the full oge of twenty one years, who shall have 
had his actual permanent residence and home in this Slate for the period 
of one year, and in the town or city in which lie may claim a right to vote 
six months next preceding the time of voting, and shall be seized in his 
own right of a freeliold real estate in such town or city, of the value at 
least of one iumdred and thirty-four dollars over and above all incum- 
brances, shall, therefrom, have a right to vote in the election of all civil 
officers, and on all questions in all legal town or ward meetings. 

Skc. 3. Every white male native citizen of the United States, or any 
territory thereof, of the full age of twenty one years, who shall have had 
his actual permanent residence and home in this State for the period of two 
years, and in the town or city in which he may claim a right to vote six 
months next preceding the time of voting, shall have a right to vote in the 
election of all civil officers, and on all questions in all legal town or ward 
meetings : Provided.^ however^ that no person who is not now a freeman 
shall be allowed to vote upon any motion to impose a tax, or incur expen- 
ditures in any town or city, unless he possess the freehold quiilification re- 
quired by this article, or shall have been taxed on |)roperty valued at least 
at one hundred and fifty dollars, within one year from the time he may 
offer to vote, and shall have paid such tax in said town or city. 

Sec. 4. Any white male, native of any foreign country, of the full age 
of twenty-one years, naturalized in the United States according to law, 
who shall have had his actual permanent residence and home in this State 
for the period of three years after his naturalization, and in the town or 
city in which he may claim a right to vote six months next preceding the 
time of voting, and shall be seized in his own right of a freehold real 
estate, in such town or city, of the value at least of one hundred and 
thirty-four dollars over and above all incumbrances, shall, therefrom, have 
a right to vote in the election of all civil officers, and in all questions in all 
town or ward meetings. But no person in the military, naval, marine, or 
any other service of the United States, shall be considered as having the 
required residence by reason of being employed in any garrison, barrack, 
or military or naval station in this State. And no pauper, lunatic, or per- 
son non compos 7nentis, or under guardianship, shall be permitted to vote ; 
nor shall any person convicted of any crime deemed infamous at common 
law, be permitted to exercise that privilege until he be restored thereto by 
the General Assembly. Persons residing on land ceded by this State to the 
United States shall not be entitled to exercise the privilege of electors 
during such residence. 

Sec 5. The General Assembly shall, as soon as may be after the adop- 
tion of this constitution, provide for the registration of voters; and shall 
also have full power, generally, to enact all laws necessary to carry this 
article into effect, and to prevent abuse and fraud in voting. 

Sec. 6. All persons entitled to vote sliall be protected from arrest in civil 



Doc. No. 225. 79 

cases, on the days of election, and on the day preceding and the day fol- 
lowing an election. 

Skc. 7. In the city of Providence, and all other cities, no person shall 
be eligible to the office of mayor, alderman, or common councilman, who 
is not qualified to vote upon a motion to impose a tax or incur expenditures 
as herein provided. 

Sec. 8. The General Assembly shall have power to provide, by special 
or general laws, for the admission of any native male citizen of the United 
States, or any Territory, who shall have had his permanent residence and 
home in this State for two years, but who is not otherwise qualified under 
this article, to vote on such conditions as they may deem proper, except for 
taxes and expenditures. 

ARTICLE III. 
Of the distribulion of powei's. 

The powers of the government sliall be distributed into throe distinct 
branches — the legislative, executive, and judicial. 

ARTICLE IV. 

Of the legislative liower. 

Section I, This constitution shall be the supreme law of the State ; and 
all laws inconsistent therewith shall be void. The General Assemlily shall 
pass all such laws as are necessary to carry this constitution into effect. 

Sec. 2. The legislative power, under this constitution, shall be vested in 
two distinct houses, or branches, each of wiiich shall have a negative on 
the other: the one to be styled the Senate, the other the House of Repre- 
sentatives; and both togetlier, the General Assembly. The style of tlieir 
laws shall be : It is enacted by the General Assembly as follows. 

Sec. 3. There shall be one session of the General Assembly holden 
annually at Newport, on the first Tuesday of May ; and one other annual 
session, to be holden on the last Monday of October, once in two years, at 
South Kingstown ; and the intermediate years, alternately at Bristol and 
East Greenwich ; and the adjournment from the October session shall be 
holden at Providence. 

Sec. 4. No meml)er of the General Assembly shall take any fees, or be 
of counsel in any case pending before either branch of the General Assem- 
bly, under penalty of forfeiting his seat, upon due proof thereof to the 
satisfaction of the branch of which he is a member. 

Sec. 5. The person and estate of every member of the General Assembly 
shall be free and exempt from all process in any civil action during the 
session of the General Assembly, and for two days before the commence- 
ment and after the termination thereof. And all process served contrary 
hereto shall be void. And for any speech in del)ate, in either House, no 
member shall be questioned in any other place. 

Sec. 6. Each House shall be the, judge of the elections and qualifications 
of iis members; and a majority shall constitute a quorum to do business; 
but a smaller number may adjourn from day to day, and may compel the 
attendance of al)sent members, in such manner, and under such penalties, 
as each House may prescribe. 



80 Doc. No. 225. 

Sec. 7. Each House may determine the rules of proceeding, punish con- 
tempts, punish its members for disorderly behavior, and, with the concur- 
rence of two thirds, expel a member ; but not a second time for the same 
cause. 

Sec. 8. Each House shall keep a journal of its proceedings. The yeas 
and nays of the members of either House shall, at the desire of one-fifth 
of those presetit, be entered on the journal. 

Sec. 9. Neither House shall, during a session, without the consent of the 
other, adjourn for more than two days, nor to any other place than that in 
which they may be sitting. 

Sec. 10. The General Assembly shall continue to exercise the judicial 
power, the power of visiting corporations, and all other powers they have 
heretofore exercised, not inconsistent with this constitution. 

Sec. 11. The General Assembly shall regulate the compensation of the 
Governor and. other officers elected by general ticket, or by tlie General 
Assembly, and of the members of the General Assembly, subject to the 
limitations contained in this constitution. 

Sec. \2. All lotteries shall hereafter be prohibited in this State, except 
those already authorized by the General Assembly. 

Sec. 13. '^fhe General Assembly shall have no power, hereafter, to incur 
State debts to an amount exceeding fifty thousand dollars, except in tune 
of war, or in case of invasion, without the express consent of the people ; 
nor in any case, without such consent to pledge the faith of the State for 
the payment of the obligations of others. This section shall not be con- 
strued to refer to any money that may be deposited with this State by the 
Government of the United States. 

Sec. 14. The assent of two-thirds of the members elected to each branch 
of the General Assembly shall be required to every bill appropriating the 
public moneys, or property, for local or private purposes. 

Sec. 15. The General Assembly shall, from time to lime, provide for 
making new valuations of property, for the assessment of taxes, in such 
manner as they may deem best. INo direct State tax shall be assessed on 
the ratable property of tlje State, before a new estimate of such property 
shall be taken. 

Sec. 16. Whenever a direct tax is laid by the State, one-sixih part thereof 
shall be assessed on the polls of the qualified electors : provided that the 
tax on a poll shall never, in any one tax, exceed the sum of fifty cents. 

Sec. 17. The General Assembly may provide by law for the continuance 
in office of any officers of annual appointment, until other persons are 
qualified to take their places. 

ARTICLE V. 
Of the House of Representatives. 

Section 1. The House of Representatives shall consist of members 
elected by the electors of the several towns and cities in the respective town 
and ward meetings. Each town or city having four thousand inhabitants, 
and under six thousand five hundred, shall be entitled to elect three Repre- 
sentatives ; each town or city having six thousand five hundred inhabitants, 
and under ten thousand, shall be entitled to elect four Representatives ; 
each town or city having ten thousand inhabitants, and under fourteen 



Doc. No. 225. 81 

thousand, shall be entitled to elect five Representatives ; each town or city 
having fourteen thousand inhabitants, and under eighteen thousand, shall 
be entitled to elect six Representatives ; each town or city having eighteen 
thousand inhabitants, and under twenty-two thousand, shall be entitled to 
elect seven Representatives; each town or city having over twenty-two 
thousand inhabitants, shall be entitled to elect eight Representatives. But 
no town or city shall be entitled to elect more than eight Representatives, 
and every town or city shall be entitled to elect two. The representation 
of the several towns and cities in this State shall be apportioned agreeable 
to the last census of the people of the United States preceding the election. 

Sec. 2. The House of Representatives shall have authority to elect its 
Speaker, clerks, and other officers. The oath of office shall be administered 
by the Secretary of State, or, in his absence, by the Attorney General. The 
clerks shall be engaged by the Speaker. 

Sec. 3. Whenever the seat of a member of the House of Representatives 
shall be vacated by death, resignation, or otherwise, the vacancy may be 
filled by a new election. 

Sec. 4. The senior member from the town of Newport, present, shall 
preside in the organization of the House, 

ARTICLE VI. 

Of the Senate. 

Section 1. The Senate shall consist of nineteen members, to be chosen 
annually by the majority of electors, by districts. The State shall be divi- 
ded into sixteen districts, as follows: 

First. The town of Newport shall constitute the first senatorial district, 
and shall be entitled to elect two Senators. 

S'^cond. The towns of Portsmouth, Middletown, Tiverton, Little Comp- 
ton. New Shoreham, and Jamestown, shall constitute the second senatorial 
district, and shall be entitled to elect two Senators. 

Ihird. The city of Providence shall constitute the third senatorial dis- 
trict, and shall be entitled to elect two Senators. 

Fourth. The town of Smithfield shall constitute the fourth senatorial 
district, and shall be entitled to elect one Senator. 

Fifth. The towns of Cumberland and North Providence shall constitute 
the fifth senatorial district, and shall be entitled to elect one Senator. 

Sixth. The towns of Scituate, Cranston, and Johnston shall constitute 
the sixth senatorial district, and shall be entitled to elect one Senator. 

Seveiith. The towns of Glocester, Foster, and Burrillville shall consti- 
tute the seventh senatorial district, and shall be entitled to elect one Senator. 

Eighth. The town of South Kingstown shall constitute the eighth sen- 
atorial district, and shall be entitled to elect one Senator. 

Ninth. The towns of Westerly and Chailestown shall constitute the ninth 
senatorial district, and shall be entitled to elect one Senator. 

Tenth. The towns of Hopkinton and Richmond shall constitute the tenth 
senatorial district, and shall be entitled to elect one Senator. 

Eleventh. The towns of North Kingstown and Exeter shall constitute 
the eleventh senatorial district, and shall be entitled to elect one Senator. 

Twelfth. The town of Bristol shall constitute the twelfth senatorial dis- 
trict, and shall be entitled to elect one Senator. 
6 



82 Doc. No. 225. 

Thirteenth. The towns of Warren and Barrington shall constitute the 
thirteenth senatorial district, and shall be entitled to elect one Senator. 

Fourteenth. The towns of East Greenwich and West Greenwich shall 
constitute the fourteenth senatorial district, and shall be entitled to elect 
one Senator. 

Fifteenth. The town of Coventry shall constitute the fifteenth senatorial 
district, and shall be entitled to elect one Senator. 

Sixteenth. The town of Warwick shall constitute the sixteenth senato- 
rial district, and shall be entitled to elect one Senator. 

And no more than one Senator shall be elected from any town for the 
same term, in the second senatorial district. 

Sec. 2. The Lieutenant Governor shall ex officio be a member of the 
Senate. 

The Secretary of State shall be, by virtue of his office. Secretary of the 
Senate, unless otherwise provided by law; and the Senate may elect such 
other officers as they may deem necessary. 

Sec. 3. If, by reason of death, resignation, or absence, there be no Gov- 
ernor or Lieutenant Governor present, to preside in the Senate, the Senate 
shall elect one of their own number to preside, until the Governor or Lieu- 
tenant Governor returns, or until one of said offices is filled according to 
this constitution ; and, until such election is made by the Senate, the Secre- 
tary of State shall preside. 

ARTICLE VII. 
Of impeach?nenis. 

Section I. The House of Representatives shall have the sole power of 
impeachment. 

Sec. 2. All impeachments shall be tried by the Senate; and when silting 
for that purpose, they shall be under oath or affirmation. No person shall 
be convicted, except by vote of two thirds of the members elected. When 
the Governor is impeached, the chief or presiding justice of the supreme 
judicial court for the time being, shall preside, with a casting vote in all 
preliminary questions. 

Sec. 3. The Governor, and all other executive and judicial officers, shall 
be liable to impeachment; but judgment in such cases shall not extend fur- 
ther than to removal from office. The party convicted shall, nevertheless, 
be liable to indictment, trial, and punishment, according to law. 

ARTICLE VIII. 

Of the executive power. 

Section I. The chief executive power of this State shall be vested in a 
Governor. 

Sec. 2. The GoverHor shall take care that the laws be faithfully executed. 

Sec. 3. He shall be captain-general and commander in-chief of the mil- 
itary and naval forces of this State, except when they shall be called into 
the service of the United States. 

Sec. 4. He shall have power to grant reprieves, after conviction, in all 
cases, except those of impeachment, until tlie end of the next session of the 
General Assembly, and no longer. 



Doc. No. 225. 83 

Si:c. 5. The person tilling the office of Governor shall preside in the Sen- 
ate, and in griind comuiittee ; and shall have a right, in case of equal divis- 
ion, to vote; not otherwise. 

Sec. 6, He may fill vacancies in otlice not otherwise provided for by this 
constitution, or by law, until the same shall le filled by the General Assem- 
bly, or the people. 

Sec. 7. In case of disagreement between the two Houses of the General 
Assembly, respecting the time or place of adjournment, certified to him by 
either, he may adjourn t!)em to such time and place us he shall think proper ; 
provided that the time of adjournment shall not be extended beyond the day 
of the next stated session. 

Sec. 8. He may, on special emergencies, convene the General Assembly 
at any town in this State, at any time not provided for by law ; and in case 
of danger from the prevalence of epidemic or contagious diseases, in either 
of the places in which the General Assembly rnay by law meet, or to which 
they may have been adjourned; or, from other circumstances, he may, by 
proclamation, convene said Assembly at any other place within this State. 

Sec. 9. All commissions shall be in the name and by authority of the 
State of Rhode Island and Providence Plantations, shall be sealed with 
the State seal, signed by the Governor, and attested by the Secretary. 

Sec. 10. In case of the death, resignation, refusal or inability to serve, or 
removal from office of the Governor, or of his impeachment or absence from 
the State, the Lieutenant Governor shall exercise the powers and authority 
appertaining to the office of Governor, until another be chosen at the next 
annual election fir Governor, and be duly qualified, or untd the Governor, 
impeached or absent, shall be acquitted or return. 

Skc. II. If the offices of Governor and Lieutenant Governor be both va- 
cant by reason of death, resignation, absence, or otherwise, the person enti- 
tled to preside over the Senate for the time beino-, shall, in like manner, ad- 
minister the government until he be superseded by a Governor or Lieu- 
tenant Governor. 

Sec. 12. The compensation of the Governor and Lieutenant Governor 
shall be established by law, and shall not be diminished during the term for 
which they were elected. 

Sec. 13. The duties and powers of the Secretary, Attorney General, and 
General Treasurer, shall be the same under this constitution as are now 
established, or irom time to time may be prescribed by law. 

ARTICLE IX. 
Of elections. 

Section 1. The Governor, Lieutenant Governor, Senators, Representa- 
tives, Secretary of State, Attorney General, and General Treasurer, shall 
be elected at the town, city, or ward meetings, to be holden on the third 
Wednesday of April, aimually; and shall severally hold their offices for 
one year, from the first Tuesday in May next succeeding their election, and 
until others are legally chosen and duly qualified to fill their places. 

Sec. 2. The voting for all otiicers chosen by the people, except town or 
city officers, shall be by ballot, in manner to be recjulated by law. Town 
or city officers shall be chosen by ballot, on demand of any two persons en- 
titled to vole for the same. 



84 Doc. No. 225. 

Sec. 3. The names of the persons voted for as Governor, Lieutenant 
Governor, Secretary of Stale. General Treasurer, and Attorney Genera!, 
shall be put upon one ticket, and the tickets shall he deposited by the niod- 
erator or warden in a box by ti.enjselves. The names of the persons voted 
for as Senators, and as Representatives, shall be put upon separate tickets, 
and the tickets shall be deposited by fhe moderator or warden in separate 
boxes. The polls for all the officers named in this section shall be opened 
at the same time. 

Sec. 4. All the votes given for Governor, Lieutenant Governor, Secretary 
of State, General Treasurer, and Attorney General, and also for Senators, 
shall remain in the ballot-boxes till the polls are closed. These votes shall 
then, in open town and ward meetings, be taken out and sealed in separate 
envelopes hy the moderators and town clerks, and by the wardens and 
ward clerks, who shall certify the same, and forthwith deliver or send them 
to the Secretary of State ; whose duty it shall be securely to keep the 
same, and to deliver the votes for general officers to the Speaker of the 
House of Representatives, after the House shall be organized, at tlie May 
session of tlie General Assembly. The votes last nanjed shall without de- 
lay be opened, eounied, and declared, in such manner as the House of Rep- 
resentatives shall direct. The votes for Senators shall be counted by the 
Governor and Secretary of State, within seven days from the day of elec- 
tion, and the Governor shall give certificates to the Senators who are 
elected. 

Sec. 5. The votes for Representatives in the several towns, after the 
polls are declared to be closed for the sanje, shall be counted by the mode- 
rators and clerks, who shall announce the result, and give certificates to the 
persons elected. If there be no election, or not an election of the whole 
number of Representatives to which the town is entitled, the polls for Rep- 
resentatives may be reopened, and the like proceedings shall be had until 
an election shall take place: provided, however, that an adjournment or 
adjournments of the election may be made to a time not exceeding seven 
days from the first meeting. 

Sec. 0. In the city of Providence and other cities, the polls for Repre- 
sentatives shall be kept open during the whole time of voting for the day, 
and the votes in the several wards shall be sealed up at the close of the 
meeting by the wardens and ward clerks in open ward meeting, and deliv- 
ered to the city clerk. The mayor and aldermen of said city or cities shall 
proceed to count said votes within two days from the day of election ; and 
if no election, or an election of only a portion of the Representatives, shall 
have taken place, the mayor and aldermen shall order a new election to 
be held, not more than ten days from the day of the first election, and so on 
till the election of Representatives shall be completed. Certificates of elec- 
tion shall be furnished by the city clerks to the persons chosen. 

Sec. 7. If no person shall have a majority of votes for the office of Gov- 
ernor or Lieutenant Governor, the Senate and House of Representatives, in 
grand committee, may choose one by ballot from the two persons having 
the highest number of votes. 

Sec. 8. In case an election of the Secretary of State, Attorney General, 
or General Treasurer, should fail to be made by the electors at their annual 
election, the vacancy or vacancies shall he filled by the General Assembly 
in grand committee, from the two candidates for such office having the 
greatest number of the votes of liie electors. Or. in case of a vacancy in 



Doc. No. 225, 85 

either of said offices from other causes, between the sessions of the General 
Assembly, the Governor shall appoint some person to fill the same until a 
successor elected by the General Assembly is qualified to act; and in such 
case, and also in all other cases of vacancies not otherwise provided for, the 
General Assembly may fill the same in any manner they may deem proper. 

Sec. 9. If there be no choice of a Senator or Senators at the annual 
election, or if a vacancy in the Senate occur from any other cause, the Gov- 
ernor shall issue his warrant to the town and ward clerks of the several 
towns and cities in the senatorial district or districts that may have failed 
to elect, or where such vacancy may have occurred, requiring them to 
open town or ward meetings for another election, on a day to be by him 
appointed, not more than fifteen days from the time of issuing such warrant ; 
and, in such election, a plurality of votes shall elect. 

Sec. 10. All general officers shall take the following engagement before 

they act in their respective offices, to wit : You, , being by the free 

vote of the freemen of this State of Rhode Island and Providence Planta- 
tions, elected unto the place of , do solem.nly swear (or afiirm) to be 

true and faithful unto this State, and to support the constitution of this 
State and of the United States; that you will faithfully and impartially 
■discharge all the duties of your aforesaid office, to the best of your abilities, 
according to law: so help you God. Or, this affirmation you make and 
give upon the peril of the penalty of perjury. And the members of tlie 
General Assembly shall take an engagement to the same effect. 

Si<:c. 11. In all elections held by the people under this constitution, a ma- 
jority of all ihe electors voting shall be necessary to the choice of the per- 
sons voted for, except as is herein otherwise provided. 

Sec 12. The officers now elected in grand committee, exce|)t justices of 
the peace, shall continue to be so elected until otherwise prescribed by law. 

Sec 13. The oath or affirmation shall be administered to the Governor, 
Lieutenant Governor, and Senators, by the Speaker of the House of Repre- 
sentatives, in presence of the House, or elsewhere, by a justice of the supreme 
judicial court. The Secretary of State. Attorney General, and General 
Treasurer, shall be engaged by the person exercising the office of Governor. 

ARTICLE X. 

Of qvalijicatiorts for office. 

Section I. No person shall be qualified to hold the office of Governor, 
Lieutenant Governor, Senator, or Representative in the General Assembly, 
unless he be a duly qualified elector. No person shall be elected a Repre- 
sentative to the General Assembly, or to any town or city office, unless he 
be a qualified elector, and an inhabitant of the town or city which elects 
liim. 

Sec 2. Every person shall be disqualified I'rom holding any ofiice to 
which he may have been elected, if he be convicted of having offered, or 
procured any other person to offer, any bribe to secure his election, or the 
election of any other person, 

Skc. 3. The judges of all the courts, and all other officers, both civil and 
military, shall he bound by oath or affirmation to support this constitution, 
and the constitution of the United States. 

Skc. 4. No person who holds any office under the Government of the 



86 Do€. No. 225, 

United States, or any other State or foreig-n country, shall be capable of act- 
ing as a generai officer, or shall take a seat in the Genera! Assembly, unless, 
at the time of taking his engagement, he shall have resigned liis office under 
such other Government. And if any general officer, senator, representa- 
tive, or judge shall, after his election, accept or hold any office under any 
other Government, he shall not be capable thereafter of acting as a general 
officer, senator, representative, or judge, but the office shall be thereby 
vacated. 

ARTICLE XL 
Of t/ie judicial jjower. 

Section 1. The judicial power of this State shall be vested in one supreme 
judicial court, and in such inferior courts as the General Assembly may, 
from lime to time, ordain and estabhsh ; and the jurisdiction of the supreme 
and of allother courts may, from time to time, be regulated by the General 
Assembly. 

Sec. 2. Chancery powers may be conferred by the General Assembly on 
the supreme judicial court; but no other court exercising chancery powers 
shall be established in this State, except as is now provided by law. 

Sec. 3. The justices of the supreme judicial court shall be elected in 
grand committee of the two Houstis, to hold their offices until their places 
be declared vacant by a resolution of the General Assembly to that effect ; 
which shall be voted for by a majority of all the members elected to the 
House in which it may originate, and be concurred in by the same majority 
of the other House. Such resolution shall not be entertained at any other 
than ihe annual session for the election of public officers; and, in default 
of the passage thereof at said session, the judge, or judges, shall hold his 
or their places, as is herein provided. But a judge of this, or of any other 
court inferior to the same, shall be removable from office, if, upon impeach- 
ment, he shall be found guilty of any official misdemeanor. 

Sec. 4. In case of vacancy by the death, resignation, refusal, or inabil- 
ity to serve, or absence from the State, of a judge of this court, his place 
may be filled by the grand committee until the next annual election ; when 
the judge elected shall hold his office, as before provided. 

Skc. 5. The judges of the supreme judicial court shall receive a suitable 
compensation for their services, which shall not be diminished during their 
continuance in office. 

Sec. 6. The judges of the supreme judicial court shall, in all trials, in- 
struct the jury in the law. 

Sec. 7. There shall be annually elected by each town, and by the several 
wards in the city of Providence, a sufficient number of justices of the 
peace, or wardens, resident therein, wiih such jurisdiction as the General 
Assembly may prescribe ; and said justices, or wardens, except in the 
towns of New Shoreham and Jamestown, shall be commissioned by the 
Governor. 

Sec. 8. The courts of probate in this State, excepting the supreme ju- 
dicial court, shall remain as at present established by law, until the General 
Assembly shall otherwise prescribe. 



Doc. No. 225. 87 

ARTICLE XII. 
Of education. 

Section 1. The diffusion of knowledge as well as of virtue among 
the people, being essential for the preservation of their rights and liberties, 
it shall be the duty of the General Assembly to promote public schools, and 
to adopt all other means to secure to the people the advantages and oppor- 
tunities of education, which they may deem necessary and proper. 

Sec. 2. The money which now is, or which may hereafter be, appro- 
priated by law for the formation of a permanent fund for the support of 
public schools, shall be securely invested, and remain a perpetual fund for 
that purpose. 

Sec. 3. All donations for the support of public schools, or for other pur- 
poses of education, which shall be received by the General Assembly, shall 
be applied according to the terms prescribed by the donors. 

Sec. 4. The General Assembly shall make all necessary provisions by 
law for carrying this article into effect. They are prohibited from divert- 
ing said moneys, or fund, from the aforesaid uses ; and from borrowing, ap- 
propriating, or using the same, or any part thereof, for any other purpose, 
under any pretence whatsoever. 

ARTICLE XIII. 
Of amendments. 

The General Assembly may propose amendments to this constitution 
by the votes of a majority of all the members elected to each House. Such 
pr(ipositions shall be published in the newspapers, and printed copies of 
said propositions shall be sent by the Secretary of State, with the names 
of all the members who shall have voted thereon, with the yeas and nays, 
{o all the town and city clerks in the State; and the said propositions shall 
be by said clerks inserted in the warrants or notices by them issued, for 
warning the next annual town and ward meetings in April; and the clerks 
shall read said propositions to the electors when thus assembled, with the 
names of all the Representatives and Senators who shall have votfed there- 
on, with the yeas and nays, before the election of Representatives and Sen- 
ators shall be had. If a majority of all the members elected to each House, 
at said annual meeting, shall approve any proposition thus made, the same 
shall be published and sent to the electors in the mode provided in the act 
of approval ; and, if then approved by three-fifths of the electors of the 
State present, and voting thereon in town and ward meetings, it shall be-. 
corae a part of the constitution of the State. 

ARTICLE XIV. 

Of the adoption of this constitution. 

Section 1. This constitution, if adopted, shall go into operation on the 
first Tuesday in May. in the year one thousand eight hundred and forty- 
two. The first election of Governor, Lieutenant Governor, Secretary of 
State, Attorney General, and General Treasurer, and of Representatives 
and Senators, under said constitution, shall be had on the third Wednesday 



88 Doc. No. 225. 

of April next preceding. And the town and ward meetings therefor shall 
be warned and conducted as is now provided by law. All civil, judicial, 
and military officers now elected, or who shall hereafter be elected, by the 
General Assembly, or other competent authority, before the said first Tues- 
day of May, shall hold their offices, and may exercise their powers, until 
that time, or until their successors are qualified to act. All statutes, pub- 
lic and private, not repugnant to this constitution, shall continue in force 
until they expire by their own limitation, or are repealed by the General 
Assembly. All charters, contracts, judgments, actions, and rights of action, 
shall be as valid as if this constitution had not been made. The present 
government shall exercise all the powers with which it is now clothed until 
the said first Tuesday of May. one thousand eight hundred and forty-two, 
and until their successors, under this constitution, are duly elected and 
qualified. 

Sec. 2. All debts contracted, and engagements entered into, before the 
adoption of this constitution, shall be as valid against the State as if this 
constitution had not been formed. 

Sec. 3. The supreme judicial court, established by this constitution, 
shall have the same jurisdiction as the supreme judicial court at present 
established ; and shall have jurisdiction of all causes which may be ap- 
pealed to, or pending in the same ; and shall be held at the same times and 
places, and in each county, as the present supreme judicial court, until other- 
wise prescribed by the General Assembly. 

Sec. 4. The towns of Jamestown and New Shoreham shall continue to 
enjoy the exemptions from military duty which they now enjoy, ui til other- 
wise prescribed by law. 

Done in convention, February 19, 1842. 

HENRY Y. CRANSTON, 

President of the Conveviion. 

Thomas A. Jenckes, Secretary. 

Walter W. Updike, Assistant Secretary. 



State of Rhode Island and Providence Plantations, 

Secretary's Office, February, 1842. 
The foregoing is a true copy of the original roll deposited in the Secre- 
tary's office. 

Witness: HENRY BOViKN, Secretary. 



State of Rhode Island and Providence Plantations, 

l?i Convention, February 19, A. D. 1842. 
Resolved, That the constitution framed by this convention be certified 
by the president and secretaries, and, with the journal and papers of the 
convention, shall be deposited in the office of the Secretary of State ; that 
the Secretary of State cause said constitution, together with this resolution, 
and all the acts and resolutions of the General Assembly relating to this 
convention, to be printed and distributed accordmgto law ; and that said 
constitution be submitted to all the j)eople authorized to vote for general 



Doc. No. 225. 89 

officers under the same, for tlieir ratification or rejection, at town and ward 
meetings, to be holden in the several towns and in the city of Providence 
on Monday, Tuesday, and Wednesday, the twenty-first, twenty-second, 
and twenty-third days of March, A. D. 1842. The sever.d town and city 
clerks shall issue the necessary warrants for said meetings. Said meetings 
shall he kept open for the reception of votes from the hour of nine o'clock 
in the forenoon, until seven o'clock in the afternoon ; and in the city of 
Providence and town of Newport, until nine o'clock in the evening, on the 
days appointed. At said town and ward meetings every person voting shall 
have his name written on the back of his ballot; and said ballots shall be 
sealed up in open town or ward meetings, and, with lists of the names of 
the voters, shall be returned to the General Assembly at their session to be 
holden on the fourth Monday of March next. 
Read and adopted, February 19, 1842. 

THOMAS A. JENCKES, Secretary. 



True copy of the original resolution deposited in the office of the Secre- 
tary of State. 

Witness: HENRY BO WEN, .Secretary. 



State of Khode Island and Providence Plantations, 

In General Assembly^ January sessiott, A. D. 1841. 

Resolved by the General Assembly, (the Senate concurring with the 
House of Representatives therein,) That the freemen of the several towns 
in this State, and of the city of Providence, qualified to vote for general 
officers, be, and they are hereby, requested to choose, at their semi-annual 
town or ward meetmgs in August next, so many delegates, and of like 
qualifications, as they are now respectively entitled to choose Representa- 
tives to the General Assembly, to attend a convention, to be holden at Prov- 
idence on the first Monday of November, 1841, to frame a new constitu- 
tion for this State, either in whole or in part, with full powers for this pur- 
pose ; and, if only for a constitution in part, that said convention have under 
their especial consideration the expediency of equalizing the representa- 
tion of the towns in the House of Representatives. 

Resolved, That a majority of the whole number of delegates which all 
the towns are entitled to choose shall constitute a quorum; who may elect 
a president and secretary, judge of the qualifications of the members, and 
establish such rules and proceedings as they may think necessary ; and 
any town or city which may omit to elect its delegates at the said meetings 
in August, may elect them at any time previous to the meeting of said 
convention. 

Resolved, That the constitution or amendments agreed upon by said 
convention shall be submitted to the freemen in open town or ward meet- 
ings, to be holden at such time as may be named by said convention. The 
said constitution or amendments shall be certified by the President and Sec- 
retary, and returned to the Secretary of State ; who shall forthwith distrib- 
ute to the several town and city clerks, in due proportion, one thiousand 
printed copies thereof; and also, fifteen thousand ballots, on one side of which 
shall be printed " amendments." or, " constitution adopted by the conven- 
tion holden at Providence on the first Monday of November last ;" and on 



90 ' Boc. No. 225. 

the other side, the word approve on one half of the said ballots, and the 
word r('ject on the other half. 

Resolved, That, at the town or ward meetings to be holden as aforesaid, 
every freeman voting shall have his name written on the back of his ballot; 
and tlic ballots shall be sealed up in open town or ward meeting by the 
clerks, and, with lists of the names of the voters, shall be returned to the 
General Assembly, at its next succeeding session ; and said General Assem- 
bly shall cause said ballots to be examined and counted ; and said amend- 
ments, or constitution, being approved of by a majority of the freemen vo- 
ting, sfiall go into operation and effect at such time as may be appointed by 
said convention. 

Resolved, TImt a sum not exceeding three hundred dollars be appropri- 
ated for defraying the expenses of said convention, to be paid according to 
the order of said convention, certified by its president. 
True copy : — Witness, 

HENRY BO WEN, Secretary. 



State of Rhode Island and Providence Plantations, 

la General Assembly, May session, A. D. 1841. 

R< solved by this General Assembly, (the Senate concurring with the 
House of Representatives therein,) That the delegates from the several 
towns to the State convention^ to be holden in November next, for the pur- 
pose of framing a State constitution, be elected on tlie basis of population, 
in the following manner, to wit : every town of not more than 8.50 inhab- 
itants may elect one delegate; of more than 8.50 and not n)ore than 3,000 
inhabitants, two delegates; of more than 3,1)00 and not more than 6,000 
inhabitants, three delegates; of luore tlian (5,000 and not more than 10,000 
inhabitants, four delegates; of more than 10,000 and not more than 15,000 
inhabitants, five delegates ; of more than 15,000 inhabitants, six delegates. 

Resolved, That the delegates attending said convention be entitled to re- 
ceive from the general treasury the same pay as members of the General 
Assembly. 

Resolved, That so much of the resolutions to which these are in amend- 
ment, as is inconsistent herewith, be repealed. 
'I'rue copy : — Witness, 

HENRY BO WEN, Secretary. 



State of Rhode Island and Providence Plantations, 

In General Assembly,. fanuary session, A. D. 1842. 

Resolved by this General Assembly, (the Senate concurring with the 
House of Representatives therein,) That the freemen of the towns in this 
State, in whose delegation to the convention called to frame a constitution 
vacancies have occurred since the meeting of that convention, or may here- 
after occur, be requested to elect delegates to fill those vacancies at town 
and ward meetings, to be holden before or during the session of said con- 
vention ; notice of such meetings to be given at least one day previous to 
the holdins; thereof 

True copy : — Witness, 

HENRY BO WEN, Secretary. 



Doc. No. 225. 91 

State of Rhode Island and Providence Plantations, 

In General Assembly^ January session, A. D. 1 842. 

AN ACT in aniendmeni of an act eniiiled " An act Fevising the act eniitled 'An act reguia- 
tins; the manner of admitting freemen, and direciing the method oi electing officers in this 
Slate.' " 

Whereas the good people of this Stale havino: elected delegates to a con- 
vention to form a constitution, which constitution, if ratified by the peo[)le, 
will be the supreme law of the State : therefore. 

Be it enacted by iht General Assembly, as follows: 

All persons now qualified to vote, and those who may be qualified to vote 
under the existing laws previous to the time of such their voting, and all 
persons who shall be qualified to vote under the provisions of such consti- 
tution, shall be qualified to vote upon the question of the adoption of said 
constitution. 

True copy : Witness, 

HENRY BOWEN, Secretary. 



State of Rhode Island and Providence Plantations, 

In General Assembly Janvary session, A. D. 1842. 
Resolved, That so much of the resolution relative to a convention for 
making a constitution, passed at the January session, 1841, as requires the 
Secretary of State to cause one thousand copies of the constitution, and 
fifteen thousand ballots, to be distributed to the several town and city clerks, 
be amended, so that he shall cause five thousand copies of said constitution 
and twenty five thousand ballots to be distributed, in the same manner as 
is required by the aforesaid resolution. 

Resolved, That said convention be authorized to appoint one or more 
days for voting on the adoption o( said constitution. 
True copy : — Witness. 

HENRY BOWEN, Secretary. 



State of Rhode Island and Providence Plantations, 

In General Assembly, January session, A. D. 1842. 

Whereas a portion of the people of this State, without the forms of law, 
have undertaken to form and establish a constitution of government for the 
people of this State, and have declared such constitution to be the supreme 
law, and have communicated such constitution unto this General Assembly : 
and whereas many of the good people of this State are in danger of being 
misled by these informal proceedings : therefore, 

It is hereby resolved by this General Assembly, That all acts done by the 
persons aforesaid, for the [jurpose of imposing upon this State a constitution, 
are an assumption of the powers of government, in violation of the rights 
of the existing government, and of the rights of the people at large. 

Resolved, That the convention called and organized, in pursuance of an 
act of this General Assembly, for the purpose of forming a constitution to 
be submitted to the people of this State, is the only body which we can rec- 



92 Doc. No 225. 

ognise as authorized to form such a constitution ; and to this constitution 
the whole people have a rijrht to look, and we are assured they will not 
look in vain for such a form of government as will promote their pence, se- 
curity, and happiness. 

Resolved, That this General Assembly will maintain its own proper au- 
thority, and protect and defend the legal and constitutional rights of the people. 
True copy: — Wiintss, 

HENRY BOWEN, Secretary. 



Charge of the honorable Chief Justice Durfee, delivered to the Grand 
Jury at the March term of the Supreme Judicial Courts at Bristol, 
Rhode Island, A. D. 1842. Published agreeably to the following re- 
quest : 

Grand Jury Room, March 15, 1842. 

The grand jurors respectfully tender to the honorable supreme judicial 
court their thanks lor the learned and appropriate charge delivered to the 
grand jury this morning, by Mr. Chief Justice Durfee. Relating, as it 
does, to a subject upon which there is much diversity of opinion, but which 
all admit to be of momentous interest, the jurors think its publication would 
be useful at the present time, and do request a copy for the press, 

Henry D'Wolf, Thomas Wilson, 

Howland Smith, Jolin J. Allin, 

Samuel Sparks, Jonathan Martin, 2d, 

William H. West, I'Ibenezer Grant, 

S. T. Church, Ira B. Kent. 
Robert S. Watson, 



Gentlemen of the Grand Jury: 

It is made our duty, by statute, to instruct you in the law relating to 
crimes and offences cognizable by this court, by giving you publicly in 
charge our opinion thereon. We are not at liberty to forego this duty, from 
any feelings of delicacy towards others, or for any considerations of a per- 
sonal nature. A court is but the organ of the law ; and when it speaks, it 
should announce what the law is, " without fear, favor, affection, or hope 
of reward." I use the language of the oath which you have just taken, 
gentlemen ; for that oath does as truly express our obligations as a court, 
as it does yours as a jury. 

The first duty which every person residing within the jurisdiction of this 
State owes to it, is that of allegiance. It begins with life— with infancy at 
the mother's breast ; and if he continue an inhabitant or citizen of the Stale, 
it terminates only with the last breath which delivers the spirit over to its 
final account. Allegiance is a duty due on an implied contract — often, 
however, sanctioned by an oath, but none the less sacred in the absence 
of the oath — that so long as any one receives protection from the State, so 
long will he demean himself faithfully, and support the State. All persons, 
therefore, abiding within this State, and deriving protection from its laws, 



Doc. No. 225. 93 

owe this allegiance U^ it; and all persons passing through it, or visiiijig or 
making temporary slay therein, owe, for tiie time, allegiance to tiiis Stale. 
One ot the highest crimes of which a human being can be guilty, is trea- 
son ; and treason necessarily involves a breach of allegiance. 

From the following resolutions, and the matters to which they relate, 
there seems to be a peculiar necessity for my calling your attention to this 
subject at this time ; for, as a court, it is not only our duty to try offences 
when committed, but to prevent them, if it can be done, by making the 
law known. 

Those resolutions are in these words : 

"State of Rhode Island and Providence Plantations, 

" hi General Assembly ^ January session, A. D. 1842. 

" Whereas a portion of the people of this State, without the forms of law, 
have undertalcen to form and establish a constitution of government for the 
people of this State, and have declared such consiitution to be the supreme 
law, and have communicated such constitution unto this General Assem- 
bly : and whereas many of the good people of this State are in danger of 
being misled by these informal proceedings : therefore, 

" It is hereby resolved by f/tis General Assembly, That all acts done by 
the persons aforesaid, for the purpose of imposino- upon this State a con- 
siiiulion, are an assumption of the powers of government, in violation of 
tlie rights of the existing government, and of the rights of the people at 
large. 

" Resolved, That the convention called and organized, in pursuance of 
an act of this General Assembly, for the purpose of forming a constitution 
to be submitted to the people of this State, is the only body which we 
can recognise as authorized to form such a constitution ; and to this con- 
stitution the whole people have a right to look, and we are assured 
they will not look in vain, for such a form of government as will 
promote their peace, security, and happiness. 

'^Resolved, That this General Assembly will maintain its own proper 
authority, and protect and defend the legal and constitutional rights of 
the people. 

" True copy : — Witness, 

" HENRY BOWEN, Secretary." 

Gentlemen, whatever I shall say to you touching these resolutions, and 
the proceedings to which they refer, shall be said with the full and en- 
tire concurrence of each member of this court. And it is peculiarly 
appropriate, in a case like this, that it should be known what the opin- 
ion of this court is; so that no man may become implicated in any of- 
fence against the State, without a full knowledge of the opinion of this 
court, as an independent branch of the government, in relation to the na- 
ture of the offence, and the law which it violates. 

I therefore say to you, that, in the opinion of this court, such a move- 
ment as that described in these resolutions, is a movement which can 
find no justification in law; that if it be a movement against no law in 
particular, it is, nevertheless, a movement against all law; tliat it is not 
a mere movement for a change of rulers, or for a legal reform in govern- 
ment, but a movement which, if carried to its consequences, will termi- 



94 Doc. No. 225. 

nate the existence of the State itself as one of the States of this Union. 
1 will now give our reasons for (his opinion. 

But, gentlemen, in addressing you upon this subject, I know not but that 
1 am addressing those who Iiave participated in this movement. If this be 
the case, I bf^g you, and all others with whom you may have acted, to dis- 
tinctly understand me. Whatever language I may use to characterize the 
movement, it shall be but the language of the law; it shall mean no im- 
peachment of your or their motives. I will concede to you and to thtm, 
if you choose, motives as pure and patriotic, legal attainments and talents 
as high, as those of the purest and greatest minds that this State ever 
produced; and still I say, with all proper deference to you and them, that 
you have mistaken your duties, and misiuiderstood your rights. Deem it 
not strange that calm lookers on can see where the error lies, better than 
those who are engaged in the heat of the movement. When great masses 
move, they move under the influence of excited feelings. When the object 
is to attain some great political good, real or supposed, the excitement takes 
for its law of action some ethereal abstraction, some general theoretic prin- 
ciple — true, perhaps, in its application to certain theoretic conditions of 
man, but utterly talse in its application to man as he is — and endeavors, 
without regard to present social organizations, to carry that principle to its 
utmost consequences. Gentlemen, strong heads and patriotic hearts doubt- 
less gave the first impetus to the French revolution ; but does not the pro- 
gress and issue of that bloody drama tell us that those abstractions, (in 
whicli they so freely dealt,) whatever might be their theoretic truth, became 
false and fiendish in their application? Do we not know that the very 
masses which were engaged in carrying them out, rejoiced when the 
iron rule of military despotism came, to deliver them from themselves, and 
from the incarnate demons which the movement had conjured up? 

Gentlemen, when all men are angels, and of the same order, these ab- 
stractions may be true in all their consequences ; but never in their ap- 
plication to man as he is. 

With this explanation. I proceed to show the illegality of this movement, 
and the ruin that it portends. I repeat, that, however patriotic may be the 
intent, the legal effect of it is the destruction of the present State, and the 
construction of a new State out of its ruins. 

Gentlemen, what is a State ? I ask not for a poetical definition, but I 
ask for a definition which befits a court of law — which may befit the 
courts of the Union, in which we must be ultimately judged. Strange as 
it may seem, amid all the controversy v/hich this movement has excited, 
I have not known this question to be asked, or a definition to be given. 
Such have been the jarring and confusion of the social elements, that the 
best minds seem to have uttered their thoughts only in fragments. What, 
I repeat, is a State ? Think ye it is the land and water within certain 
geographical lines? The child may tell you so when he points at the 
map; but that is not the State, but only the territory over which the State 
has jurisdiction. Think ye it is a mere aggregate of neighborhoods within 
those limits? No, gentlemen, there is something wanting to give them 
distinctive unity. A mere proximity of habitations never made a State, 
any more than congregated caravans of Arabs when by night they pitch 
their tents togetlier in the bosom of the desert. Think ye it is the ag 
gregate of inhabitants within such limits ? Never. It would be prepos- 
terous to call a mere collection of individuals within certain limits a State. 



Doc. No. 225. .95 

Regarded as a mere aggregate, Ihey are still without unity, and have 
nothinw- whereby to bind them together, and enable them to act as an or- 
ganized whole. No treaty can be made with them ; no law can be enacted 
by them. Think ye that it is the mere rulers of those wl;o have the legisla- 
tive and executive power in their hands? This, indeed, comes something 
nearer to our idea of a State'; and when we look upon govetnments abroad, 
we may look no farther. But surely this does not make a State here, at 
home, under the constitution of the United States. Here, we must not only 
fii]d a government, but a people so boinid together, colligated and organized 
by law', as to appoint rulers, and to reduce the innumerable wills of the 
multitude to a legal unit. I think I give you a true description of a State, 
when I say that a Stale is a legally organized people, subsisting as such 
from generation to generation, without end, giving, through the forms of 
law, the wills of the many to become one sovereign will. It is a body 
politic, qualified to subsist by perpetual succession and accession. It is a 
self subsistent corporation, resting upon its own centre, and it is, under the 
constitution of the United States, bound, to a certain extent, in its entirety 
and in all its constituent individual elements, to that common central body 
politic, which is the corporate people of the Union, or body politic of States, 
whichever it may be. There is, and, from the natnre of tilings, there can 
be, no sovereign people without law — without that unity which the law 
gives them, whereby they are enabled to act as one ; and consequently 
there can be no sovereign will, that is not expressed through the forms of 
their corporate existence. 

Now, can there be a doubt that this is a true definition or description of 
a State, and that it applies to this State as one of the States of the Union .' 
Lest there should be a lingering doubt in some reluctant mind, 1 will verify 
this definition from the history of the State itself. 

The first charter of this Slate was granted in 1643. It incorporated 
Providence, Portsmouth, and Newport, under the name of the incorporation 
of Providence Plantations, in Narragansett Bay in New England. War- 
wick was subsequently admitted. It was then that the inhabitants of this 
State first became a corporate people, bnt dependent on the mother coun- 
try. In 1(360 this corporate people, by their agents, petitioned their sov- 
ereign for a new charter. On this petition the charter in our statute-books 
was granted, and, by the same corporate people, in Noveii.ber, 1663, accept- 
ed as" their charter or form of government. This charter declared that cer- 
tain persons named therein, and such as then were, or should thereafter be 
made free of the company, a body corporate and politic, in fiict and name, 
by the name of the Governor and Company of Rhode Island and Provi- 
dence Plantations in New England, in America, and by the same name 
that they and their successors should have perpetual succession. Now, here 
was a corporation, and the freemen constituting it continued their corporate 
existence, subsisting by succession, still dependent upon ib.e parent govern- 
ment, exercising the powers in the charter granted, holding properly of all 
sorts as a corporate people down to the Revolution. It was then that those 
aggressions and claims of the King of Great Britain, which are set forth in 
the declaration of independence, and which were enforced or attempted to be 
enf )rced by the bayonet, threw this corporate people upon the natural rights 
of self preservation. They resisted as a corporate people. It was in the 
prosecution of this justifiable defence, that this corporate people found it 
necessary to cut the bonds which bound it to the tuother country. It did so. 



96 Doc. No 225. 

It was its own act. performed by its delegation in Congress, by its legisla- 
tive body, and by the corporate people itself, in every legal form in which 
it could act. It was thia act, and this alone, that made us a self subsisteiit 
corporation, body politic, or State. It was this people, acting in its corporate 
capacity, or by its members, as members, through prescribed forms, that 
subsequently adopted the constituiioii of the United States, whereby this 
State became a member of ihe Union, and its citizens citizens of the United 
States. 

Does not the history of this Statp, gentlemen, verify the definition which 
1 have given 7 Is a State anything but a self subsistent body politic and 
corporate, designed to continue its existence, by succession and accession, 
through all time? If it be anything else, I neither know nor can conceive 
what It is. But if it be this, whatever there is of sovereignty must be found 
in the body politic and corporate, and nowhere else. 

But it has been lately said by some whose opinions are entitled to great 
respect, that, on the separation from the parent government, a subsequent 
assent ol the natural people was necessary to continue the sovereign power 
in the corporate people, and that all right in the latter to govern ceased and 
psssed to the agy^regate, unorganized mass ol individuals. Gentlemen this 
cannot be so. The act of separation was the act of the corporate people ; 
and all that was acquired by that act, was acquired by the corporate people, 
and could be acquired by none but a corporate people. None but a corpo- 
rate people has tlie capacity to receive and exercise sovereignty. The nat- 
ural people have not the capacity to inherit or succeed to sovereignty, though 
they may create it by compact, all being parties; or by force, where there is 
no superior power to impose restraint. A sovereign will is a unit, is a mere 
legal entity; it has nowhere, in any civilized country, any existence inde- 
pendent of law. In the constitutional monarchies of Europe, it has a 
mere legal existence ; hence the legal maxim in England, that the sovereign 
never dies, and can do no wrong. The moment that the sovereign will 
ceases to bj a legal will, and becomes a mere personal will, you have no- 
thing but a master and a body of slaves ; you have no State at all, but 
only the semblance of one. 

The sovereign will is a unit. The moment you divide it, you destroy it ; 
and could such a unit pass to thousands of individuals, isolated, indepen- 
dent, and bound together by no common law, as the natural state supposes, 
and still continue to exist as a unit, as a one, sovereign will ? Never, gen- 
tlemen ; to pass it to the unorganized mass, is to destroy it. And how fal- 
lacious the idea that the sages of seventy-six annihilated, reduced to nothing- 
ness, the sovereignty of every State of this Union, in and by the very act 
which declared them sovereign and independent ! What became of the 
confederation ? What became of the Congress that made the declaration ? 

Truly, gentlemen, some strange infatuation has seized upon the age, if we 
can believe that, when the Congress of seventy-six declared these colonies 
(in the words of the declaration) free and independent States, and that they 
had full power to levy war, conclude peace, contract alliances, establish com- 
merce, and to do all other things which independent States might of right 
do — that, at that very moment, every one of these States ceased to exist, and 
crumbled into their natural elements. INo, gentlemen, our fathers under- 
stood themselves better tiian their children appear to understand them. 
Well may we humble ourselves in the presence of their memory, when we 
find such sirange hallucinations .seizing upon the wisest and best of us. 



Doc. No. 225. 97 

They have made large demands upon the admiration of their children ; let 
lis take care we do not make demands, equally large, upon the pity of ours. 
Gentlemen, the definition is correct; it is true to history; and it is true to the 
Declaration of Independence ; and it is true to the constitution of the United 
States, which, according to its intent, this State, as a corporate people, adopt- 
ed by its convention. 

Gentlemen, let us not deceive ourselves by the various forms which this 
sovereignty puts on, to carry its will into effect. The government in all its 
departments, legislative, executive, and judicial, is but the exterior form 
which this sovereignty puts on, in order to preserve itself and to exercise juris- 
diction over its peculiar territory, and all persons and things within it. It 
is in this way tnat it extends protection to the whole people, and to every 
individual man, woman, and cliild within its jurisdiction, and makes them 
all one with the corporate people, except in the mere exercise ot the right of 
voting. 1 have recently heard the phrases "the legal people,*' "the physi- 
cal people," repeated by those whose opinions are entitled to respect, as if 
there was a distinction between them. Gentlemen, we are ;ill the legal peo- 
ple — we are all the physical people. Every man, woman, and child, not of 
foreign birth, domiciled within this State, is a citizen of this State, and for 
that reason also a citizen of the United States. Every man, woman, and 
child has the protection and benefit of all its laws, without distinction ; and. 
for that reason, every one owes it allegiance and fidelity. No one within 
this jurisdiction can lawfully renounce this allegiance, and transferjit to an- 
other sovereignty, whether created within this State's jurisdiction or else- 
where. For this reason, each one and all are the legal people of this State, 
and are so regarded both by the laws of this State and the laws of the Uni- 
ted States. We cannot recognise the distinction as having any just found- 
ation in fact or law. The error lies in the misapplication of language. It 
is apparent that what they mean, who use the phrase " legal people," is the 
corporate people. By thus limiting a large and comprehensive phrase, a 
confusion of ideas is produced, and nothing is distinctly seen. The language 
seems to imply that all who are not the legal people, in this limited sense, 
are the illegal people, or people without law and in the natural state, and 
entitled, therefore, to rely on their physical force ; and this idea seems to be 
strengthened and confirmed by denominating them the physical people. 
We may all have misapplied these phrases. 1 myself may have misapplied 
them, for 1 make no pretensions to being better or wiser than others. But 
if we have misapplied them, let us misapply them no longer; let us recol- 
lect that the legal people and the physical people are the same great whole. 

But, gentlemen, if it be true that the corporate people are the sovereign 
people, and the forms of government but the instruments of its will — what 
follows? Why. the moment that the corporate people ceases to exist as such, 
everything is resolved into its natural elements. This corporate people, 
whilst it exists, may, of its own will, and through the forms of law, which 
it prescribes by its lei{islature, put on as many different forms of government, 
not conflicting with the constitution of the Union, as it chooses. Its power for 
that purpose is ample, unquestionable. It may change its form as thorough- 
ly iuid as often as the fabled Proteus ; it may extend the right of suffrage to 
every man, woman, and child; and still remain the same legal entity, the 
same State. But the moment the corporate people of Rhode Island cease to 
exist as such, whether by force, fraud, or voluntary death, corporate Hhcde 
Island herself ceases to exist— the State is gone. Yes, one of the good old 
7 



98 Doc, No. 225. 

thirteen is gone forever. You may close the ^rave upon her; you may 
write '■^hic jacef upon her tomb ; slie lives only in history. 

It may be asked whether the natural people have not their natural rights, 
and whether one of these is not the right of establishing a government of 
Iheir own ? I answer, that if we grant you that tiie people have a riglit to 
violate their allegiance, resolve themselves into the supposed natural con- 
dition of man, and to establish a new Slate and government ; and if we even 
admit that it has already, in this particular instance, been done — it does not at 
all relieve us, under the constitution of the United States, from tlie appalling 
fact that the old State has ceased to exist, and. that the new State is not a 
member of this Union. We. as the natural people, have accomplished a revo- 
lution, in which we have originated a new sovereignty, which utterly dis- 
claims all connexion with that corporate Rhode Island which uttered the dec- 
laration of independence and adopted the constitution. And how can we 
claim to take her place? How can we, ;.'S citizeiis of such a State, be citizens 
of the United Slates? 

I have heard much, of late, about the right of revolution ; and there is no 
doubt but that, in those cases where a j:eople, by the oppression and violence 
of their rulers, are thrown upon the natural riglit of self preservation, this 
right exists, may be exercised, and a revolutioi] b<' justifu d. But, however 
justifiable it may be, we should always recollect that, if it be revolution, it 
is revolution, and nothing but revolution. There is no possibility of ma- 
king it half revolution and half not. If you resort to revolution, you must 
adopt it. with all its conseqnenceS; he they never so calamitous. These 
calculations are to be made at the commencement of it, and weighed against 
the evils which it is proposed to remedy. 

Thus, gentlemen, if everything be conceded that we can ask for — if it be 
conceded that we have quietly put down the present corporate Rhode Island, 
and that we have succeeded in establishing this earth born prodigy in her 
place — what have we done, hut broken our allegiance to our legitimate 
State, broken our allegiance to the United States, and accomplished our 
complete outlawry from the Union '? 

But perhaps we may hope that the General Government will, without 
inquiry whether we be or be not the legitimate State, recognise the govern- 
ment in fact (in legal phrase de facto) as the State. 1 am apprehensive 
that in this hope we shall be disappointed. Such a recoonition would pre- 
sent a question of constitutional law, affecting every State in the Union. 
This could not be avoided ; but if it could, it would still present a question 
of policy, equally certain to be decided against us. True it is, that the Gov- 
ernment of the United States does recognise tlie government de facto of a 
foreign country as the legitimate government or slate. And it does so 
from policy. The Government of the Union, having no fundamental prin- 
ciple in common with the monarchies of Europe, and in its anxiety to avoid 
an embroilment in their concerns, recognises those as the government of 
any country who exercise the powers of government, without questioning 
the legitimacy of their claims. But how is it with the monarchies of Eu- 
rope among themselves? What is necessarily their policy ? Why, wlien- 
ever a revolution is efiected in any one of them, upon principles which en- 
danger their ideas of legitimacy, or the permanence of their institutions, 
millions of swords at once leap from their scabbards, cities are wrapped in 
Iflames, fields are deluged witli blood, and hea|)ed with slaughtered thou- 
sands. Tliink you that it was out of compassion to an exiled Bourbon that 
Europe consumed one whole generation in blood and carnage? No, gen- 



Doc. No. 225. 9P 

^iBirien ; the struggle commenced with sustaininof their ideas of legitimacy, 
in which every monarchy of Europe was interested, and terminated in their 
triumph. 

And how much more deeply interested will every State in this Union be- 
all subject as we are to the same common constitution and government — in 
a question of State legitimacy? For what is the principle to be establish- 
ed liy the recognition of the new government as the State? It presents it- 
self in these facts. A portion of tlie people of this State claimed a further 
extension of suffrage, and an equalizauon of representation for the benefit 
of several towns. This the Legislature did not grant at their request ; but 
called a convention, v/ith a view of establishing a constitution which might 
meet every reasonable demand. This I beheve to be about the extent of 
our grievance. And now, before that convention had accomplished their 
task, we, backed by the physical force of numbers, take the powers of gov- 
ernment into our own bauds, frame a constitution, declare it to be the su- 
preme law of the land, and overturn, not merely the government of the 
State, but the State itself Now, as a mere matter of policy, could the del- 
egations of the several States in Congress establish the principle, that, be- 
cause of such a grievance, n.iere numbers are above law, and have a right to 
overturn the State of whicii they are citizens '} Let us try to call this a griev- 
ance, and then how many thousand grievances are there, of greater magni- 
tude, in every State? And if they are to ba in this way redressed, the stabFlity 
of our institutions is at an end. Have we no questions touching domestic 
servitude? None touching the social relations? None touching the most 
active and powerful of all principles, conscience and religious faith ? May 
not protestantism, in a moment of infatuation and alarm, in this manner 
establish itself as the religion of the State? May not Romanism then rally, 
put down protestantism, and establishing itself in turn, nail the cross to 
every steeple, place a priest at every altar, and a teacher in every school, 
and compel us to support all by taxes ? May not the unequal distribution 
of property in some States be found a grievance ? May not banks in others 
become obnoxious? May not certain forms of taxation become odious? 
May not the debts of the Slate bear heavily? Let this principle of rev- 
olution, by an unauthorized and irresponsible movement of masses, become 
an element of the constitution of the Union, and any State may be over- 
thrown, upon any pretext or petty grievance, real or supposed. And can 
any one believe that, from policy, the Government of the Union would rec- 
ognise such a principle? Never, gentlemen, never— until that Govern- 
ment, desirous of bringing about a consolidation of these States, chooses to 
put every element of disorganization into operation upon them. 

But if the new government cannot be recognised from policy, the next 
question is, can it be recognised on legal and constitutional principles? 
What says the constitution ? "New States may be admitted by Congress 
into this Union, but no new State shall be formed or erected within the ju- 
risdiction of any other State, without the consent of the Legislatures of the 
Slates concerned, as well as of the Congress," Is it said that this provision 
contemplates a case where only a part of the State's territorial jurisdiction 
may be occupied by the newly formed State ? Very probably the framers of 
the constitution had such a case in mind ; but so much the worse for the case 
in hand. Does not an article which f>rbids any part of a State's territory 
being so appropriated, for a stronger reason fordid the occupation of the 
whole, and the absolute destiuciion of the legitimate Stale? Can you take 



100 Boc. No. 225. 

the whole without its parts? Gentlemen, it will not be respectful to your 
good sound common sense to spend a momeni's time on this point. 

Again : by an express provision of tbe same consul ntion, aljnost imme- 
diately following tbe above, and to be considered in connexion witb it, tbe 
Ut)ited States are bound lo gnaranty to every &"tate in this Union a govern- 
ment, and a republican (orm of government. Will tbis guaranty be ful 
filled by suffering tbis government to be annihilated — and annihilated by a 
power wliich. by the very terms of tbe article first above mentioned, can 
no more be recognised as corporate Rliode Island tban Texas or Algiers? 

Tell us not of tlie admission of Micbigan. [Michigan was a Territory. 
No pre existent State was subverted. V\ e know of nothing in the constitu- 
tion that forbids Congress bestownig upon any Territory tbat State form of 
government wbich is guarantied to every State; and which, if reduced by 
this movement, to tbe condition of a Territory, it may be our humiliating 
lot, in some way, to receive at their hands. 

But, gentlemen. Congress is not the only tribunal before which we shall 
have to appear. It is the peculiar province of the Supreme Court of tiie 
United States to decide, in tbe end, all constitutional questions, and ques- 
tions touching State rigbts. I will, therefore, state to you wbat must ne- 
cessarily, according to the common course of judicial proceedings, be the 
process by which this question will be determined in tbe courts of the 
Union. When tbe existence of a State has been constituiionally recog- 
nised, the courts of the United States may well reeognise tbe government 
de facto as the government de jure — in otber words, the government in fact 
as the government in law. They may well enough presurne that those 
who exercise tbe powers of the State are the legal officers of the Slate, and 
leave the question of the legality of the election to be settled by the State 
functionaries appointed to that special duty ; but, before there can be any 
such presumption, there must be a State — a State known to the constitu- 
tion and laws of the Union. There is no such thing as presuming the ex- 
istence of such a State. A de facto State is, as truly as a de facto corpora- 
tion, an absurdity in terms. A State must have its fundamental laws or 
constitution known to the constitution of the Union, of wliich it is a mem- 
ber, and in accordance with it ; and to talk oia.de facto law, is to talk pro- 
found nonsense. 

To prove, then, the existence of the new State, or even to |)rove the ex- 
istence of any of its oflicers, you must present to the Supreme Court of the 
Union this instrument wbich has been proclaimed as the supreme law of 
this State, and you must show that it had a legal origin. 

The question will not be, who voted for it? or how many? but what right 
anybody had to vote for it at all, as the supreme law of Rhode Island? 

In the records of the true constitutional State of Rhode Island, you can 
nowhere find any law, any authority, countenancing such a proceeding. 

This the friends of the supposed constitution must themselves confess, 
Indeed, they must boldly avow tliat it was not only voted for without any 
such authority, but against the whole body of the legislation of the State, 
whose fundamental laws have all been recognised, directly or impliedly, by 
the constituted authorities of the Union, and by the very court tbat will 
be called upon to deride this question. And can we think that this court 
will lose its firmness, and tread back its steps, on account of the delusion 
of some ten or fifteen thousand persons in this State, and establish a con- 



Doc. No. 225. 101 

stitntional principle of disorganization, which must eventually'become pre- 
dominant in every State, and reduce all (o ruin? It is folly to anticipate 
such a decision, and wickedness to hope for it. 

This pretended constitution, then, does not s[)ring from constitutional 
Rliode Island — from that Rhode Island known to the constitution of the 
United States as the State of Rhode Island and Providence Plantations; 
it is without legal authority, and of no more value in tlie courts of the Union 
than so much blank parchment. You are then without a constitution — 
you are without fundamental laws— you have no officers that can be recog- 
nised as officers defacto^ for there are no legal and constitutional duties for 
them to discharge. Yon have no legislature — no State legislation; — in one 
word, you have no State, and are reduced to the condition of a mere Ter- 
ritory of the Union, without tlie benefit of Territorial laws. 

Now, gentlemen, what are the consequences? it is well worth while to 
inquire We stand upon the brink of an awful gulf We are about to 
take the leap; and we may well feel some anxiety to look down into it, and 
obtain a glimpse of what sort of a Tartarus it is into whick we are about to 
make the final plunge. 

Gentlemen. I will whisper a few questions to you — all of which, I dare 
not. for the peace of this State, answer even in a v/hisper. There is too 
much combustible materi d in this wide spread Union — too many daring 
and reckless adventurers of all sorts. 

Gentlemen, it is the faith of the untutored savage, that certain birds of 
the air, and beasts of the desert, are endowed with something like a pre- 
science or foreknowledge of the coming banquet which human strife is to 
provide, and tliat, some days in anticipation of the event, they come from 
all quarters of the heavens, and from ail the far depths of the forest, and, 
congregating in the neighborhood of the appointed place, eagerly await the 
approaching carnage. I do not want to be heard or understood by such as 
these ; therefore, will I not answer all the questions that I may put, but sim- 
j)ly show yen that there are such questions. 

When corporate Rhode Island ceases to exist, what becomes of her dele- 
gation in Congress ? What becomes of her bill in chancery, which she filed, 
claiming thrnuo^h her charter,and through that only, a portion of territory with- 
in the jurisdictional lines of Massachusetts ? I mention this, not for its import- 
ance, but for its illustration ; and because, in the event supposed, the question 
must necessarily arise. What becomes of the public properly of all sorts? 
Your court houses? Yotirjails? Your public records? Public treasury, bonds 
and securities of all sorts, which belong to the present corporate Rhode Is- 
land, and to her only, and can pass from her only by her legislative consent? 
What become of the actions now pendinsf on the dockets of every court in 
this State — bills of indictment, for crimes committed, or that may be com- 
mitted ? What become of your State prison, and your convicts, from the 
wilful murderer to tlie [letty thief? What become of your corporations of 
all sorts ? Of your corporate towns and their records? Nay, are there not 
questions touching life, liberty, and individual property? 1 dare go no far- 
ther ; perhaps I have already ^one too fir. But, whatever answer may be 
given to these quesiion'=;, (and answered they must ultimately be in tlie Su- 
preme Court of the Union,) the bare fact that these questions must be raised, 
-tried, and decided, is sufficient to send a thrill of horror through the heart 
<af every man, woman, and child in this Slate. 



102 Doc. No. 225. 

And all this for what ? For if revohiiions may be justifred, we may xveVi 
put the question. It is said to be for an exteiision of suffrage and an equaliza- 
tion r»f representation. How many of you have ever felt the want of tins to be 
so great as even to sign a petition to the General Assembly on the subject ? 
If this be a grievance at all, is it not the merest trifle, compared witli the 
calamities through which we must pass, in order to redress it in the mode 
which this movement has proposed? If it be a grievance, it has scarcely 
been felt, and a legal and legitimate remedy is already before you from the 
State's convention. Is there any other? Did we ever petition this Gov- 
ernment for any favor which reasonable men might ask for — no matter what 
party was in power— that was not cheerfully granted ? Are we overtaxed by 
this State? Is there any oppression which can be named to justify a revo- 
lution? Have not we and our fathers all lived in peace and happiness under 
the laws of this State, from its first establishment to the present day? Did 
not our fathers establish themselves here in a howling wilderness, and, un- 
der the protection of that distinctive principle of their government, religious 
liberty, enjoy peace, and quiet, and happiness, whilst the sister colonies 
were shedding blood, and persecuting their fellow-men for conscience sake? 
Did they not, under this State, and for this State, utter the declaration of 
independence, and, led on by her Greenes and OIneys, go fortli in array of 
battle, and shed their blood on a hundred fields? Did they not gloriously 
and triumphantly secure to us the rights which we ever since have and now 
enjoy under the protecting laws of this State? But they have done their 
work — they have passed through the toils and sufferings of their day, and 
laid them down in the quiet grave, where the wicked cease from troubling 
and the weary are at rest. ''IMiey have left the fruits of their labors as an 
inheritance to us. May their sainted spirits join with us in a prayer to the 
Almighty Father of all spirits to save us from this fatal delusion ! 

Gentlemen, the meaning of the word revolution in this case is very dif- 
ferent from its meaning when it designates the conflict between the colonies 
and the mother country. That was a conflict between corporate bodies 
on this side of the Atlantic, against corporate Britain on the other. But 
revolution in this case means a conflict among the very elements of society. 
It proposes to realize, here in Rhode Island, the horrors of the French 
revolution. It proposes to arm neighbor against neighbor, friend against 
friend, brother against brother, father against son, and son against father — 
and all this for what? Can any one tell us? 

We may flatter ourselves that we are a people too enlightened and too 
good to pass into the excesses which have marked revolutions in every 
age. But, gentlemen, in all ages of the world, and in all countries, excited 
passion, in its extremes, is the same; the individual man, however en- 
lightened and good he n)ay be as an indi\ idual, is merged in the mass to 
which he belongs; he loses his freedom; he blends with it; whilst the mass 
itself becomes a mere brute force, which, under the influence of tiie idea 
or passion which actuates it, goes on and on — heedless of the ruin which 
it makes, heedless of its own destiny, to its final dissolution or utter anni- 
hilation. Would to God that men would learn something from history 1 
But it has been well observed, that we ever place the lantern in the stern, 
and not at t!ie prow. It sheds its light only on the tumultuous billows of 
the past. We there see the wrecks of nations that have committed tliem- 
selves to anarchy, tossing and heaving on the stormy surge. Yet on we 
go, exulting in our superiority over our predecessors, heedless of the roclca 



Doc. No. 225. 103 

beneatli the bow, tititil the billow on which we are borne sinks beneath 
us, atid dashes us into fracjments. 

It may be tlioni^lit that I am indul^ino- in feehn^s not usual to the 
bench ; but, gentlemen, there are occasions when humanity may be ex- 
cused for rising above the petty etiquette of official dignity — when the for- 
malities of the judge may be lost in the realities of the man. And if ever 
such an occasion [)resented itself in any State, it now presents itself in this. 
It would be our duty as good citizens, but it is imperiously our duty as 
sworn conservators of the peace, to tell you what is law, and what is not 
law. This duty we are not at liberty to forego. 

I therefore say to you, and all others duly qualified, that it will be law- 
ful for you to vote on the constuution iiow submitted to you by the State's 
convention ; and that, if it be adopted, any person in this State commits a 
breach of allegiance who wilfully fails to support it. If it be not adopted, 
it will be our duty still to adhere to that compact of our ancestors called 
the charter, as that sheet-anchor at which our beloved State has triumph- 
antly ridden out many a storm, and can as triumi'hanily ride out this. 
And as to that instrument called "the people's constitution," however 
perfect it may be in itself, and however strong may be the expression of 
public opinion in its favor — yet, standing, as it does, alone and without 
any legal authority to support it, it is not the supreme law of this State; 
and those who may attempt to carry it into effect by force of arms, will, in 
the opinion of this court, commit treason — treason against the State — 
treason, perhaps, against the United States ; for it will be an attempt, by the 
overt act of levying war, to subvert a State, which is an integral part of 
the Union ; and to levy war against one State, to that end, we are appre- 
iiensive will amount to the levying of war against all. 

Gentlemen, do not misapprehend us ; we make not this declaration by 
way of deniuiciation or threat, but simply because it is our duty to declare 
the law. As a court of law, were it even in our power, we would not act 
on any man's fear, save on that fear of which every good citizen may be 
proud — the fear of doing a wrong or illegal act. And we make this dec- 
laration with the hope that those gentlemen who have engaged in this 
moveiBont — for many of whom a personal acquaintance enables us to 
cherish sincere respect and esteem— will be induced to pause and to reflect 
— to reflect deeply. We admit their courage ; but may they use it in a 
a:ood cause, and, without f )llowing the example, adopt the sentiment of 
Macbeth, when urged to conmiit treason and murder — 

' 1 dare do all ihat may becume a man ; 

Wlio dares do more, i.s none." 



By his Excellency Samukl Ward KixG; Governor, Captain Generaty 
and Commander-in chief of the State of Rhode Island and Providence 
Plantations. 



A PROCLAMATION. 



Whereas sundry persons, citizens of tliis State, or residentswithin the 
same, are conspiring and confederating to usurp the government thereof — 
are deceivingr and seducinof honest and well meaning citizens, under 
yarious pretences, to engage in said criminal enterprise, contrary to the 



104 Doc. No. 225. 

laws in such case made and provided : And whereas the General Assem- 
bly of our said State, at the session holden on the fourth Monday of March 
last, passed and enacted the following resolution, viz: 

^'■Resolved, That his excellency the Governor be requested to issue his 
proclamation to the good people of this State, exhorting them to give no 
aid or countenance to those who, in violation of the law, may attempt to 
set up a government in opposition to the existing government of this State, 
and calling upon them to support the constituted authorities for the pres- 
ervation of the public peace, and in the execution o( tliose laws on which 
the security of all depends :" 

I do therefore issue this my proclamation, warning and admonishing all 
faithful citizens who have been led without due knowledge or considera- 
tion to participate in the said unlawful enterprise, to withdraw from the 
same without delay ; and requiring also all persons whomsoever, engaged 
or concerned in the same, to cease all further proceedings therein, as they 
will answer the contrary at their peril : 

And 1 hereby enjoin and require all judges, justices of the peace, sherifis, 
deputy sheriffs, and constables, and all njilitary officers, within their 
respective departments, and according to their several functions, to be vigi- 
lant and firm in detecting and bringing to condign punishment all per- 
sons engaged or concerned in such enterprise. 

And furthermore^ I do hereby exhort all the good people of this State, 
that they give no countenance to said unlawful enterprise ; but that they 
do, by their advice and example, aid and support the civil authority in its 
exertions to suppress all unlawful combinations, and maintain the peace 
and dignity of the State. 

In testimony whereof, I have caused the seal of said State to be affixed 

to these presents, and have signed tlie same with my hand. Given 
[l. s.] at the city of Providence, on the fourth day of April, in the year of 

our Lord one thousand eight hundred and forty two, and of the 

independence of the United States of America the sixty-sixth. 

SAMUEL WARD KING. 
By his Excellency's command. 

Hknry Bowen, Secretary of State. 



STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. 

In General Assembly, March session. IS42. 

Report of the committee on the action of the General Assembly on the sub- 
ject of the constitulioii. 

The committee to whom was referred the joint resolution, requiring them 
to report to this Assembly a statement of all the important farts connected 
with the formation and rejection of the constitution lately submitted to the 
people of tliis State for approval or rejection, and also to report their opin- 
ion whether any legislation on said subject is now necessary, and, if any. 
what ; beg leave to report : 

That those who have set themselves in opposition to the government of 
ihis State have pretended that it was an aristocracy, and not republican in 



Doc. No 225. 105 

its form. On the contrary, your committee have no hesitation in asserting 
(hilt this Stale, from its settlement, has possessed a democratic form of gov- 
ernment. 

The first charter obtained under the authority of the Parliament of FjU^:- 
land in l(i43-'4, and tlie last charter obt.iined in 16G3, from Ciiarles the II, 
secured to the people of this Slate the right of self-government. Under 
that form of government, wiiich has descended to us from the patriarchs of 
the colony, the people have enjoyed a degree of civil and religious freedom 
which has never heen exceeded, and seldom equahed, in any other State. 

This form of governmenX has been found sufficient in peace and in 
war — in times when our people acknowledged allegiance to the crown af 
England, and since the declaration of independence. Under this form of 
government the people of this State became parties to the declaration of 
independence, to the union of the States under the confederation, and to the 
constitution of the United States, under which we have enjoyed so much 
prosperity and happiness. 

The charter of 16G3 having fixed the representation of the towns, with- 
out any reference to their subsequetit population, the altered circumstances 
of the Stale have produced an inequality of representation from the towns 
in the House of Representatives, which lias created some dissatisfaction in 
that portion of the State which has most increased in population. Within 
the last eighteen years three attempts have been made to form a constitution 
of government for this State, under the sanction of acts of this General 
Assembly. 

These attempts have failed in two instances by the vote of the people, 
in 1824 and in 1842, and by the failure of the convention in 1834 to form 
a constitution. 

This General Assembly has thus manilested a disposition to afford every 
facility to the people of this State, whicli was nec< ssary to enable them to 
lepcal or reform, or remodel, at their pleasure, their fundamental laws. The 
unequal representation of the towns has not tlierefore influenced this (Gene- 
ral Assembly, so as to prevent the action of the freenien at large on this sub- 
ject. And as a further itistanco of the liberality of this General Assembly, 
in the last attempt that was made to form a constitution, the basis of repre- 
sentation in the convention was altered, by an act of the Assembly, so as to 
render the people more equally represented in that body which was to form 
the constitution. 

In the attempts to fornr a constitution in 1824 and 1834, but very few 
were desirous of changing ilie freehold qindification for the right of suffrage. 
In the convention of 1824. Mr. Pearce made a motion to extend the right of 
suffrage to persons who did not possess a freehold ; which was almost unan- 
imously rejected, three only voting in its favor. In 1834 a similar motion 
was made by Mr. Dorr, and but seven voted in its favor. 

At the January session of the General Assembly, 1841, a memorial from 
the town of Smithfield was referred to a select committee of the Rouse of 
Representatives, of which the Hon.. Aslier Robbins was chairman, who, in be- 
half of said committee, reported as follows: 

"The select committee to whom was referred the memorial of the (own 
of Smithfield, praying this General Assembly to ' take the subject of the ex- 
trem(; iiKHjuality of llie present representation from (he several towns inider 
consideriition, and m such manner as seems most practicable and just to 
correct the evil complained of,' have had the same imder consideration : 



106 Doc. No 225. 

and the comsniltec, believing- that tiie regular and rightful way of obtain 
ing the obJL-ct prayed for is by a convention of the freen:ien of the State, 
acting in their sovereign capacity on tlie subject, report the following resolu- 
tion tor adoption : 

" Resolved by the General Ass^emhly^ (the Senate concurring with the 
House of Representatives^ therein.) That it be recommended to the freemen of 
the Stale, at the several town meetings in April, to instruct their represen- 
tatives as to their wishes for a Slate convention to frame a new constitution 
for this State, in whole or in part, with full power for that purpose." , 

After some remarks from several members, on motion of Mr. Robbins, on 
the 5ih of February, 1S41, this resolution was recommitted, to report in 
the morning, and the report was made the order of ihe day for the morrow. 
On the next day the memorial of the town of Smithfiild was taken up, and 
the resolution as amended by the committee; and after considerable de- 
bate on the question, whether the freemen should be called upon first to in- 
struct their representatives on the subject of calling a convention, or 
whether the General Assembly should pass a bill, as heretofore, immediately 
lor calling a convention, the latter course was adopted. Resolutions were 
then passed by this General Assembly, requesting the freemen to choose, in 
August, delei];ates to attend a convention to beholden at Providence on the 
first Monday of November, A. D. 1841, to frame a new constitution for 
this Suate, either in whole or in part, with full power for this pirpose ; and 
if only for a constitution in part, that said convention have under their 
especial consideration the expediency of equalizing the representation of 
the towns in the House of Representatives. 

At this January session, printed petitions were presented, signed by about 
six hundred persons in all, as follows: 

To ihe Hun. the General Jl.ssembly of the Stale of Rhode Island : 

The undersigned, inhabitants and citizens of the State of Rhode Island, 
would respectfully represent to your honorable body, that they conceive 
that the dignity of the State would be advanced, and the liberties of tfie 
citizen better secured, by the abrogation of the charter granted unto this 
State by King Charb s tlie Second of England, and by the establishment of 
a constitution which sfiould more eflectnally define the authority of the 
executive and legislative branches, and more strongly recognise the rights 
of the citizens. Your petitioners would not take the liberty of suggesting 
to your honorable body any course which should be pursued, but would 
leave tfie whole affair in your hands, trusting to the good sense and dis- 
cretion of the General Assembly. 

Your petitioners would further repre^ent to the General Assembly, that 
they coi>ceive that an extension of suffrage to a greater portion of the white 
male residents of the State would be more in accordance with the spirit of 
our institutions than the present system of ihe State ; and for such an exten- 
sion they ask. 

Your petitioners would not suggest any system of suffrage, but would 
leave the matter to the wisdom of the General Assembly. 

Upon both the prayers of your petitioners they would ask the imujediate 
and efficient action of the General Assembly, and, as in duty bound, will 
ever pray. 

[Signed by Elisha Dillingham, and about oSO others] 



Doc. No. 225. 107 

Tlio prayer of these petitions was answered by llie action of the Assembly 
on the ymithfield memorial. Any extension of the rii^hl ot snftYage was 
most I'roper fur the people acting by their delegates in conventicn. Siicli 
a convention the General Assembly had every reason to believe wonld be 
formed under the resolutions which they had adopted. 

At the last May session of this General Assembly, Mr. Mowry, of Smith- 
field, submitted a resolution, that the resolution for a convention to form a 
constitution for the State be amended, so as to elect the members in pro- 
portion to the niinjber of delegates the towns would severally be entitled 
to, according to the last cetisus, not exceeding six to one town. 

Mr. Atwell then said (if he has been reported correctly) that, in connexion 
with the resolution he would call for the peli'.ion of Uilislia Dillingham and 
others for extending suffrage, presented at the last session; as he thought, 
when settling as to how many delegates should be elected, we should 
inquire as to who should elect those delegates. 

Mr. Ames advocated the passage of Mr. Mowry's resolution. 

The resolution of Mr. Mowry was adopted by the House, by a vote of 
48 to 20. 

Tile next day Mr. Atwell presented a bill which he had been requested 
to offer, as meeting the views of a large portion of our citizens. It provided 
for a new apportionment of representation, and an extension of suffrage in 
ch )Osing delegates for the convention to frame a constitntion. 

Mr. Atwell (according to the published report) said he was not tfien pre- 
pared to say he could go the length the friends of the bill propised. He 
wished the bill read and referred to the Committee on the Judiciary, to re- 
port in June; and the bill was so disposed of. 

At the last June session (according to the published account) Mr. Atwell 
made a minority report from the Committee on the Judiciary, to whom was 
referred the act sent to the House as aforesaid. The substance of ihe report 
was, that every white male citizen of the United States, over 21 years of 
age, who lias resided in this State two years, and in the town or city where 
h : is to vote f>r six months next preceding the town meeting, and who has 
paid a tax on real estate or personal propt"rty for one year previous to the 
time of voting, sliall be allowed to vote for the choice of delegates to the 
convention appointed by the General Assembly to meet in November next, 
for the purpose of forming a constituticm, except persons insane, under 
guardianship, and convic's, 

There was much debate in the House, growing out of this report; some 
denying the power of the House to pass such an act; others admittins: 
the pov/er of the House, but detiying its propriety. The report was de- 
fended as to the power o the Assembly, and the propriety of such an act. 
On the question, fifty two voted against the act proposed by Mr. Aiv/ell, and 
ten in its favor. 

Mr. Spencer, who voted against the act, said that the proper course for 
those who wished for an extension of suftVao-e is to o^o to the convention 
appointed for the purpose of considering that subject with others; and if 
they found no redress there, then the proper course would be to come here. 

'I'liis course, so |>lain and proper, was not adopted; on the contrarv, 
measures were taken to extend suffrage by the act of those who, by law, 
were not entitled to suffrage, by a movement revolutionary in its character, 
and without any such necessity or oppression as must exjst to justify revo- 
lution. 



108 Doc. No. 225. 

The refusal of the General Ass'^mbly to extend the right of electing 
delegates to the convention, to persons who were not quahfied electors by 
the fundamental lawsof tfie State, lias been alleged as a justification for the 
convention which formed what tfiey have been pleased to term the people's 
constitution. 

Measures, however, were taken before tlie June session, by the friends of 
the suffrage movement, to orgruiize a convention by their own authority. 

In May last, at a large meeting in Newport, under the auspices of the 
suffrage association, measures were taken for calling a coiivention of the 
people, without any regard to the fundamental laws of this State, which, 
for nearly two hundred years, have required the possession of a freehold to 
entitle a person to he admitted to the exercise of political power, and to be 
a member of the body politic and corporate. A portion of the people re- 
sponded to the call of this unauthorized body, and n)et in the several towns 
to clioose delegates to a convention to form a constitution for this State, to 
be holden at Providence October 9, 1841. 

This was in anticipation of the lawful convention which was to meet 
on the first Monday of November last. 

The unauthorized convention assembled in Providence at the time ap- 
pointed. They were the delegates of a minority of the people, in whatever 
sense the word "people" may be understood. A small portion of the free- 
holders joined in this irregular election; and, although all persons were ad- 
mitted to vote who chose, not more than about seven thousand two hundred 
votes gave any appearance of sanction to this convention. Tlie nlmiber 
of white male citizens of the United States resident in this State, over 21 
years of age, exceed 22,(HJ(). 

Such was the authority upon which this convention assembled and pro- 
ceeded to act. it has been generally supposed that this convention pro- 
ceeded simply without law, and not against law ; but as they assumed the 
authority which, under the laws of this State, was to be exercised by an- 
other convention, chosen by the freemen for that purpose, they acted in op- 
position to the law under which the lawful convention was called, in vio- 
lation of the right which belonged to the legally qualified electors, to make 
a constitution for this State; and their doings were not only without law, 
but asninst lon\ 

This unlawful convention, elected by a minority of the people, proceeded 
to the solemn work of forming a constitution to be proposed to the people 
of this State, and also exercised one of flie most important powers of sove- 
reignty; of their own authority, tiiey decided what portion of the people 
should, and what portion should not, vote upon the adoption or rejection 
of the constitution. At meetings holden under their authority, their con- 
stitution was submitted to those whom they pleased to recognise as the 
people. It was voted for, durinof tliree days, in open meetings; and three 
days by votes colh^cled from all quarters, by any person or jiersons, and 
brought to the pretended moderator, and with no cpporlunity for detection 
of frauds. Voles ilius collected and counted, by their own mode of com- 
putation, they have declared to have been given by a majority of the people ; 
and, by the same usurped authority, have proclaimed their constitution to 
be the supreme law of this State. 

The lawful convention met at the time appointtd, on the first Monday of 
November last. Oti the question of sufTrage, tliey decided to admit persons 
to vote who did not possess a freehold qualificaiion. 'I'hey decided not to 



Doc No. 225 109 

admit, in future, the eldest sons of freeholders as qualified voters. On (he 
question, what personal property qualification would be required ? there 
were three propositions: one proposing five hundred, another three luin- 
dred, and another two hundred dollars. The vole being taken on the 
largest sum first, it was decided in favor of this. On further refieciion, it 
was ascertained that rejecting i' e eldest sons, and requiring a personal 
property qualification of tlie value of five hundred dollars, would not be an 
extension, but a diminution of the number entitled to vote. At ihis period 
of their deliberations the convention adjourned, to meet again on the I4lh 
of February, to ascertain the sentiments of their constituents on tliis fun- 
damental question. Before this time, however, the sufl^rage convention com- 
pleted their work, and declared their constitution the supreme law. At the 
session of tliis General Assembly, in January last, they communicaied their 
constitution and their declaration to the General Assembly. At tlie com- 
mencement of the January session, Mr, Atweli, who had been a member of 
the suffrage convention, introduced an act reciting the fact of the adoption 
of the suiffrage constitution by a majority of the people, and its having be- 
come the supreme law, and requirnig this General Assemljly to yield up its 
authority to the new government which was to be formed under it. 

This siep being found too bold to meet with any countenance in this 
Assembly, he afterwards made a motion to inquire how many of the legally 
qualified voters in the State had voted for this constitution. This motion 
did not prevail. The Legislature was not disposed to sanction, in any 
manner, the doings of this convention, or the voting under their authority. 
The following resolutions were then passed by the General Assembly, with 
much unanimity^ — but seven voting against them: 

State of Rhode Island and Providence Plantations, 

///, General Asseniblt/, January session., A, L). 1842. 

Whereas a portion of the people of this State, without the forms of law, 
have undertaken to form and establish a constitution of government for 
the people of this State, and have declared such constitution to be the su- 
preme law, and have commiuiicated such constitution unto this General 
Assembly: and whereas many of the good people of this State are in 
danger of being misled by these informal proceedntgs : therefore. 

It is hereby resoloed by this General Asse?nbly, That all acts done by 
the persons aforesaid, for the purpose of imposing upon this State a con- 
stitution, are an assumption of the powers of government, in violation of 
the rights of the existing government, and of the rights of the people at 
large. 

Resolved, That the convention called and organized in pursuance of an 
act of this General Assembly, for the purpose of forming a constitution to 
be submitted to the people of this State, is the only body which we can 
recognise as authorized to form such a constitution ; and to this constitution 
the whole people have a ri^ht to look, and we are assured they will not 
look in vain, for such a form of government as will promote their peace, 
security, and happiness. 

Resolved, That this General Assembly will maintain its own proper 
authority, and protect and defend the legal and constitutional rights of the 
people. 

True copy : — Witness, 

HENKY BO WEN, .Secretary. 



1 10 Doc. No. 225. 

This General Assembly, thono;h they considered this pretended constitu- 
tion as a nullity, yet were disposed to consider the number of persons who 
had voted for it as exf)ressive of an opinion in th« comtnunity that the 
right of suffrage should be very liberally extended. A bill was introduced 
into the Legislature, providing for such an extension of suffrage as was 
afterwards adopted by tlie legal convention. It was, however, deemed im- 
proper, by many, that this should be done by the General Assembly, and 
especially as the freemen had ;dready sent deles{ates to a convention to de- 
cide upon this matter. As a substitute for this bill, and with a view to con- 
ciliation, the following act was passed: 

State of Rhode Island and Providence Plantations, 

hi General Assembly^ January session^ A. D. 1842. 

AN ACT in amemlmeni of an act entiiled '■ An act revising the act entitled 'An act regulating 
the manner of admnting freemen, and directing the method of electing officers in this 
St ite.' " 

Whereas the good people of this State having elected delegates to a con- 
vention to form a consiituiion ; which constitution, if ratified by the people, 
will be the supreme law of the State : therefore, 

Be it enacted by the General Assembly asfoUoivs: 

All persons now qualified to vote, and those who may be qualified to vote 
under ths existing laws previous to the time of such their voting, and all 
persons who shall be qualified to vote under the provisions of such con- 
stitution, shall be qualified to vote upon the question of the adoption of said 
constitution. 

True copy : — Witness, 

HKNRY BO WEN, Secretary. 

The legally authorized convention met at the time to which they had 
adjourned, (tlte 14th of February.) finished their work, and submitted their 
constitution to the people, to be voted upon on the 2 1st, 22d, and 23d of 
March, 1812. The provisions of this constitution extended the right of 
suffrage to every white male native citizen of the United Stales, of the age 
of 21 years, who has resided in this State two years, and in the town or city 
where he offers to vote six months next preceding his voting, excepting 
lunatics, paupers, &c; and to such naturalized citizens as possessed such 
freehold qualification as has been heretofore required for all citizens, on a 
residence of three yeais in this State after their naturalization, and six 
months in the town or city in which they offer to vote, next preceding the 
time of voting. 

This extension was as liberal to all native-born American citizens, as that 
granted by the (so called) "people's constitution," except that two years' resi- 
dence was required, instead of one. It wivs a further extension than was 
contemplated by the bill already mentioned, introduced by Mr. Atwell, at 
the June session. 

In relation to those who were born in foreign countries, it was not 
deemed prudent that they should be admitted to the right of suffrage as 
freely as the native born citizen, and not until, by a longiir residence, and 
a freehold qualification, there was such "evidence of permanent common 
interest with, and attachment to, the community," as would render it safe 
to extend to them this most impor-'ant right. 

It was to have been expected that the native born citiz'ms of the < hiiled 



Doc. No. 225. Ill 

States, resident among us, who have been so desirous of an extension of 
suffrage, would liave accepted this cons;itution in the same spirit of con- 
ciliation and compromise with which it was offered them. Many have 
done so ; and many more would have done so, if pains had not been taken 
by their interested leaders to pledge th(-m to vote against' this constitution 
before it was ever formed. And many liave said that they would not vote 
for it, if it had been word for word like their own. 

Such a spirit is beyond the reach of conciliation or compromise. No 
thincr can satisfy sucli men but a triumpli over the law, and a prostration 
of the government to their unhallowed purposes. 

By a small majority (67G) the constiiutiou bus been rejected. We liave 
no doubt many voted against it from their attachment to the freehold qnali- 
(ication. Some voted against it because the colored people were not placed 
on the same platform with white men; others, because they considered the 
representation in the Legislature unequal ; and we have reason to believe 
that many voted against it, being deceived by the grossest misrepresenta- 
tions, and having been told they would lose, if this coiis'.itution was adopted, 
certain rights and privileges to which ihey were well known to be much 
attached. 

\V(! have seen, on the part of a portion of the free suftYage men, a zeal 
in opposition to this constitution, which offered to them n'ore than they 
originally asked, that cannot be accounted for upon the principles of in- 
terest and prudence which govern men in ordinary times. With them, the 
(;ontest has ceased to be for principle; it has become a contest for power; — 
not for power under ordinary circunjsfances, for the honors or emohiments 
of office under the same laws and the same governtnent. but a contest for 
power, in violation of every righteous principle, to the destruction of all 
law, and all legitimate government. 

VVe cannot for a moment doubt on which side all good citizens will array 
themselves, when such a contest is brought to tliat issue, which is threatened 
by those resolutions these deluded men have already p;issed, -'That they 
will support their constitution 'by all necessary means, and repel force by 
force.' " 

The duty of the government is most plain. We are required to protect 
the citizen by legislaiion wlien the laws are defective, to warn the deluded 
how they act in violaDon of the laws, and to exert the means put into our 
hands to vindicate the rights of the government, and to guard the peace 
and happiness of the State. 

With this view, your committee recommend the passage of a bill here- 
with presented, which, in their opinion, is necessary to meet the exigency 
of the times. Your committee also recomraend-ibe passage of the following 
resolutions : 

Resolve.d, That his excellency the Governor be requested to issue his 
proclamation to the good people of this State, exhoriing them to give no 
aid or countenance to those who, in violation of the law, may attempt to 
set up a government in opposition to the existing government of this State, 
and calling upon them to support the constituted authorities for the preser- 
vation of the pulilic peace, and in the exccu!ion of those laws on which 
the security of all depends. 

Resolved, That his excellency ihe Governor be, and he is hereby, 
authoriz(!d to adopt such measures as, in his opinion, may be necessary, in 
the recess of this Legislature, to execute the laws and preserve the. State 



112 Doc No. 225. 

from domestic violence; and tliat he be, and is hereby, authorized to draw 
on the general treasurer for such sums as may be required for these pur- 
poses. 

Resolved, 'I'hat tliis report, and the act accompanying, entitled "An act 
in relation to oflences against tlie sovereign power of tlie State," be pub- 
lished in all the newspapers in this State; that ten thousand copies be 
printed in pamphlet form; and that the Secretary of State cause the same 
to be forthwith distributed in the several towns of this State and the city 
of Providence ; and that live copies of the same be sent to the Governor 
of each Stale, and a copy each to the President, Vice President, members 
of the Cabinet, Senators, and members of the House of Representaiives of 
the United States. 



AN ACT in relation to o(!ences against the sovereign power of the State. 

Whereas, in a free government, it is especially necessary that the duties 
of the citizen to the constituted authorities should be plainly defined, so 
that none may confound our regulated American liberty with unbridled 
license : and whereas certain designing persons iiave, for some time past, 
been busy with false pretences amongst the good people of this State, and 
have framed, and are now endeavoring to carry through, a plan for the 
subversion of our government, under assumed forms of law, but in plain 
violation of the first principles of constitutional right, and many have 
been deceived thereby: and whereas fliis General As.sembly, at the same 
time that it is desirous to awaken the honest and well-meaning to a sense 
of their duty, is resolved, by all necessary means, to guard the safety and 
honor of the State, and, overlooking what is past, to punish such evil-doers 
in future, in a manner due to their offences: 

Be it enacted by the General Assembly as follows: 

Section 1. All town, ward, or other meetings of the freemen, inhabit- 
ants, or residents of this State, or of any portion of the same, for the elec- 
tion of any town, city, ward, county, or State officer or officers, called or 
held in any town of this State, or in the city of Providence, except in the 
nianner, for the purposes, at the times, and by the freemen, by law prescribed, 
are illegtd and void ; and any person or persons who shall act as modera- 
tor or moderators, warden or wardens, clerk or clerks, in such pretended 
town, ward, or otiier meetings hereafter to be held, or in any name or man- 
ner receive, record, or certify votes for the election of any pretended town, 
city, ward, county, or Slate officers, shall be deemed guilty of a misdemean- 
or, and be piniished by indictment with a fine not exceeding one thousand, 
nor less than five hundred dollars, and be imprisoned for the term of six 
months: Provided, however, That this act is not intended to apply to cases 
in which, by accident or luistake, some prescribed form or forms of callitig 
town or ward meetings of the freemen of the several towns of this State 
and of the city of Providence, shall be omitted or overlooked. 

Sec. 2. Any person or persons who shall, in any manner, signify that 
he or they will accept any executive, legislative, judicial, or ministerial of- 
fice or offices, by virtm^ of any such pretended electio;;s in any such pre- 
tended town, ward, or other meeting or meetings, or shall knowingly suiRr 
or permit his or ihen- name or names to be used ;is a candidate or eaiidi- 



Doc. No. 225. 113 

dates therefor, shall be adjudged guilty of a high crime and misdemeanor, 
and be punished by indictment in a fine of two thousand dollars, and be 
imprisoned f r the term of one year. 

Sec. 3. If any person or persons, except such as are duly elected there- 
to according to the laws of this State, shall, under any pretended consti- 
tution of government for this State, or otherwise, assume to exercise any of 
the legislative, executive, or ministerial functions of the offices of Gover- 
nor, Lieutenant Governor, Senators, members of the House of Representa- 
tives, Secretary of State, Attorney General, or General Treasurer of this 
State, or wilhni the territorial limits ol the same, as the same are now ac- 
tually held and enjoyed, either separately or collectively, or shall assemble 
for the purpose of exercising any of said functions, all and every such exer- 
cise of, or meeting for the purpose of exercising all, any, or either of said 
functions, shall be deemed and taken to be a usurpation of the sovereign 
power of this State, and is hereby declared to be treason against the State, 
and shall be punished by imprisonment during life, as is now by law pre- 
scribed, m 

Sec. 4. All offences under this act shall be triable before tlie supreme 
judicial court only. Any person or persons arrested under the same^ and 
also for treason against the State, may be imprisoned or held in custody for 
trial in the jail of such county of the State as the judge or justice issuing 
the warrant may order or direct; and the sheriff, or other officer cliarged 
with the service of such warrant, shall, without regard to his precinct, 
have full power and authority to take such person or persons, and him or 
them to commit to any county jail in this State which may be designated by 
such judge or justice ; and it shall be the duty of all sheriffs, deputy sheriffs, 
town sergeants, constables, and jailers to govern themselves accordingly. All 
indictments under this act, and also all indictments for treason agamst this 
State, may be preferred and found in any county of this State, without re- 
gard to the county in which the offence was committed ; and the supreme 
judicial court shall have full power, for good cause, from lime to time to 
remove for trial any indictment which may be found under this act-, or for 
treason against the State, to such county of the State as they shall deem 
best, for the purpose of ensuring a fair trial of the same; and shall, upon 
the conviction of any such offender or offenders, have full power to order, 
and from time to tiuie to alter, the place of imprisonment of such offender 
or offenders, to such county jail within this State, or to the State's prison, 
as to them shall seem best for the safe custody of such offender or offend'- 
ers, any act, law, or usage to the contrary notwithstanding. 

Secretary's Office Aprils, IS42; 
The foregoing is a true copy of the report of the committee, with the 
resolutions and act passed by the General Assembly thereon. 

Witness: HENRY {\0\\¥.^y Secretary. 

8 



114 Doc. No. 225. 

Charttrs and legislative docwncnts, illvstrative of Rhode Island history; 
showing that the people of Rhode Jslarid, from thefoinidatioii of the 
State until their constitution of 1842, possessed and exercised the rights 
of sclfgover}inient; and in what manner^ and wider what form of gov- 
ernment, they declared their indepetidtnce in 1776, became a mernber of 
the confederation of the United States in 1778, and adopted the consti- 
tution of the United Stales in 1790. 

CHARTER OP 1643, 

GRANTED UNDKR THE AUTHORITY OF PARLIAMENT. 

The following is the first Charter to the people of Rhode Island, incorpo- 
rating them "by the name of the hicoiyoration of Providence Planta- 
tions in the Narragansett Bay in New England,^' granted under the 
authority of the Parliament of England, in 1643, giving them "/w/Z 
power and authority to goveru and rule themselves,''^ d^v.* 

Whereas by an Ordinance of y*^ Lords and Comons now assembled in 
Parliament bearing date tbe 2d day of November Anno Dom. 1643. Robert 
Earlle of Warwick is constituted tfc ordained Governor in Chief (fc Lord 
high Admiral of all ihos Islands and other Plantations inhabited and plant- 
ed by or belonging to any of his Majesties y^ Kiiig of Englands subjects (or 
w*^** hereafter may be inhabited and planted by or belonging to them) w*'"° 
y" bounds and upon y*^ Coasts of America, And whereas y*^ said LiOrds & 
Comons have thought fitt and then by ordained, y* Phillipp Earle of Pem- 
broke, Edward Earle of Manchester, William Viconl Say and Seale, Phil- 
lipp Lord Wiiorton, John Lord Roberts, inembers of y^ house of Peers, Sir 
Gilbert Garard, barrenet. Sir Arthur Helsrigge, Barrenett, Sir Henry Vaune 
Junior Knight, Sir Benjamin Rudyerd, Knight, John Pim, Oliver Crom- 
well, Dennis Bond, Miles Corbett, Cornelius Holland, Sammuell Vassell, 
John Rolle and William Spurstowe, Esquirese members of y*' house of 
Comons, should be Commissioners to joyne in aide & assistance w'^ y*^ said 
Earle. 

And whereas for the better governing &. preserving of y"^ said Planta- 
tions it is thereby ordained, y^ the aforesaid Govern' and comm''-' or y*= 
greater number of them sfiall have power and authority from time to time, 
to nominate, appoint, & constitute, all such subordinat Govorn""^ Counsel- 
ors, Commanders, officers, and agents, as they shall judge to be best affect- 
ed, and most fitt and serviceable to govern y'^ said Islands & Plantations, 
and to provid for, ordere, ^ dispose all things w'^'^ they shall from time to 
time find most fitt and advantageouse for v*' said Plantation, and for the bet- 
ter security of y'^' owners «fe inhabitants thereof to Assine ratify & confirme, 
soe much of their afore mentioned authority &. power, and in such man- 
ner, (fc to such Parsons, as they shall Judge to be fitt, lor y^' better Govern- 
ing & preserving of y*= said Plantations &, Islands from open violence, pre- 
judice, disturbance and distractions. And whereas their is a tract of Land 
in y'' Continent of America aforesaid called by y^ name of y<^ Naragansett 
"^ny, bordering North and Northest on the Patten of y"^ Massechusetts, East 
"itheast on Plymouth Patten, south on y*^ oation, and on y'' weast and 

♦See page 115. 



Doc. No. 225. 115 

Northweast By Indians called Nahoggannsncks alias Narragansetts ; ye 
whole tract extending about twenty and five English miles, into y^ Pecut 
river and Country, and whereas divers well affected and industrious English 
Inhabitants of y*^ Townes of Providence, Portsmouth, and Newport, in the 
tract aforesaid, have adventured to make a nearer neighbourhood 6c sosiaty 
to «fc w^'^ y*= great body of the Narragansetts w'^^ may in time by y'^ bless- 
ing of GOD upon their endeavours lay a surer foundation of happiness to 
all America, & have also purchased, <fc are purchasing of & amonst y^ said 
Natives, some other places W^'' may be convenient both for plantation, and 
also for Building of shipps, supply of pipe staves, «fe other Marchandice; 
And whereas y<^ said F^ngiish have represented their desires to y^ said 
Earle and Comm'^ to have their hopeful beginnnings approved and con- 
firmed by granting unto y'" a free charter of civel incorporation and Gouv- 
orment, y' they may order and govern their plantations, in such manner as 
to maintain justice, & peace both amongst themselves and towards almen, 
u*'^ whom they shall have to doe ; In due consideration of y« Premises y« 
said Robert Earle of Warwick Gover"^ in Chiefe, Lord High Admirall of 
y<^ said Plantations, and y« grt-ater Number of y*^ said Commissionotirs, 
whose names and scales are her under written and subjoyned out of a desire 
to incourage y^' good beginnings of y said Plantations, doe by y'' authority 
of y*' aforesaid ordinance of Lords & comons give grant & confirm to y^ 
aforesaid Inhabitants of y*^ Towns of Providence, Portsmouth, and New- 
port, a free and absolute Charter, of civel incorporation, to be known, by 
ye name of the Incorporation of Providence Plantations, in the Narragan- 
set bay in New England, together w'^ full power and aulhority^ to Govern 
and ride themselves, and such others as shall herca/lere inhabitt to'^'" 
any part of y' said tract of Land by such a forme of Civel Gover'^"'^ as 
by vohuitury consent of all or y greatest part of tli"" shall be found most 
serviceable in their Estates and condition and to that end, to make and or- 
dain such civel Laws and constitutions and to inflict such Punish"*' uppon 
transgressors and for execution thereof soe to place &- displace. Officers of 
Justice, as tliey or y^ greatest part of y"^ shall by free consent agree unto — 
Provided nevertheless y* y^ said Laws, Constitutions and Punishments for 
ye civel I Govern'"' of ye said Plantation be conformable to ye Lawes of Eng- 
land, soe farre as ye nature & Constitution of ye place will admitt ; And al- 
ways reserving to ye said Earle and Comm'"^ and there successors power and 
authority soe to dispose ye General Gover™' of y* as it stands in refferance to 
ye rest of ye Plantations in America, as they shall commissionate from time to 
time most conducing to ye Generall good of ye said Plantations, ye Honour 
of his Magisty, & ye sarvice of this State, and ye said Earll & Comm"^ doe 
further authorice ye aforesaid Inhabitants, for ye better transacting of there 
Publique affaires to make and use a Publique scale as ye knowne seale of 
Providence Plantations in ye Narragansetts Bay in New England, in Tes- 
timony whereof ye said Robert Earle of Warwick &. comm'^ have hereunto 
set there hands and siales ye seventeenth day of March ye nineteenth year 
of ye R;iine of our Soveraine Lord King Charles and in ye yeare of our 
Lord GOD 1643. 

ROBERT WARWICK. 
Phillip Pembrook, Say <fc Seale, P. Whartono, Arthur Helsrige, Cor 
Holland, Hen. Vane, Satn Vassell, .Tohn Rool, Miles Corbet. 



116 Doc. No. 225, 

CROMWELL'S LETTER. 

Letter from Oliver Cromwell to Rhode Island^ wheii Dr. John Clarke wa^ 
agent of the Colony, in England, dated 29^/i March, 1655. 

To our trusty and well-belovcd the President, assistants, and inhabitants of 
Rhode Island, together with the rest of the Providence Plantations, in the 
Narragansett bay, in New England, 

Gentlemen: Your agent here hath represented unto us some particu- 
lars concerning your government, which you judge necessary to be settled 
by us here. But by reason of the other great and weighty affairs of this 
commonwealth, we have been necessitated to defer the consideration of 
them to a further opportunity. For the mean time we were willing to let you 
know, that you are to proceed in your government according to the tenor of 
yonr charter, formerly granted on that behalf; taking care of the peace and 
safely of those plantations, that neither through any intestine commotions, 
or foreign invasions, there do arise any detriment, or dishonor to this com- 
iijonwealth, or yourselves, as far as you, by yonr care and diligence, can 
prevent. And as for the things which are before us, they shall, as soon as 
the other occasions will permit, receive a just and fitting determination. 
And so we bid you farewell, and rest 

Your very loving friend, 

OLIVER P. 

29 March, 1655. 

The restoration of Charles II., in 166t), caused the people of Rhode 
Island to fear that those chartered rights which had been granted them by 
the Parliament, when at war with the father, would not be respected by the 
son. They, therefore, adopted all those measures which prudence required, 
to procure the favor of the new King. The King was proclaimed at War- 
wick, in October, 1660, where the General Court sat, immediately after the 
news of the restoration arrived in the colony, and the proclamation was 
"solemnized" by military parade and festivity, and ordered to be thus sol- 
emnized on the 24ih of that month, in the same manner, in every town in 
the colony. A new commission was issued, under the seal of the colony, \o 
Mr. John Clarke, the agent of the colony residing in England, appointing 
him the " undoubted agent and attorney" of the colony, for "the preserva- 
tion of all and singular the privileges, liberties, boundaries, and immunities" 
of the colony, "according to the true intent and meaning of our chai-ter.^' 
The General Court also appointed a committee to draw up a petition to his 
Majesty, and to correspond with their agent. 



NEW COMMISSION TO MR. JOHN CLARKE. 

The following is the new commission to Mr. John Clarke, dated at War- 
wick, the 18th day of October, Anno Domini 1660: 

Whereas we the colony of Providence Plantations, in New England, hav- 
ing a free charter of incorporation given and granted unto us, in the name 
of King and Parliament of England, &-c., bearing date An. Dom. one 
thousand six hundred forty-three, by virtue of which charter this coIo- 



Doc. No. 225. 117 

ny hath been distino^uished from the other colonies in New England ; and 
have ever since, and at this time, maintained government and order in the 
same colony by administering judgment and justice, according to the rules 
in our said charter prescribed : And further, whereas there have been sun- 
dry obstructions emerging, whereby this colony have been put to trouble 
and charge for the preservation and keeping inviolate those privileges and 
immunities, to us granted in the foresaid free charter, which said obstruc- 
tions arise from the claims and encroachments of neighbors about us to and 
upon some parts of the tract of land, mentioned in our charter to be within 
the bounds of this colony. 

These are, therefore, to declare and make manifest unto all that may 
have occasion to peruse and consider of these presents, that this present and 
principal court of this colony, sitting and transacting in the name of his 
most gracious and royal Majesty Charles the second, by the grace of God 
the most mighty and potent King of England, Scotland, France, and Ire- 
land, and all the dommions and territories thereunto belonging, &c. Do, 
by these presents, make, ordain, and constitute, desire, authorize, and ap- 
point our trusty and well beloved friend, Mr. John Clarke, physician, one of 
the members of this colony, late inhabitant of Rhode Island in the same 
colony, and now residing in Westminster, our undoubted a^jent and attor- 
ney, to all intents and purposes, lawfully tending unto the preservation of 
all and singular the privileges, Uberties, boundaries, and immunities of this 
colony, as according unto the true intent and meaning of all contained in 
our said cbarter, against all unlawful usurpations, intrusions and claims of 
any person or persons, orj any pretencf^s, or by any combination whatsoever, 
not doubting but the same gracious hand of Providence which moved the 
most potent and royal power abovesaid to give and grant us the abovesaid 
free charter, will also still continue to preserve us in our just rights and 
privileges, by the gracious favor of the power and royal Majesty abovesaid, 
whereunto we acknowledge all humble submission, and loyal subjection, &.c. 

Given in the tweKth year of the reign of our Sovereign Tinrd, Charles the 
second. King of England, Scotland, Prance, and Ireland, itc, at the gen- 
eral court hohlen (or the colony of Providence Plantations, at Warwick, 
the I8th day of October, An. Dom. 1<)6(J. 

To our trusty and W(4I beloved friend and agent, Mr. John Clarke of Rhode 
Island, physician, now residing in London or Westminster. 

Ordered to be subscribed by the general recorder, with the seal of the 
colony annexed. 



Dr. Clarke was successful in the execution of his commission, and ob- 
tained from Charles II the charter dated July 8, 1663, which secured to the 
people of Rhode Island tlie same right ofself government which was granted 
then) by the charter of 1613. The recital, in the beginning of the charier 
of 1663, shows that this charter was not imposed upon the people, but 
granted to the ^^ purchasers and free hihab'itants of Rhode I.slititdand Prov- 
idniice Plantations,^'' u\)0\\ the petition of John ('larke /// their ^'- behalf J^ 
This charter gave to the freemen of the colony the right to choose their 
Governor and Legislative Assembly, to be called " the General Assembly," 



118 Doc. No 225. 

and gave to this General Assembly '=fiill power and authority to admit per- 
sons free of said body politic'" — "to elect and constitute such offices and 
officers, and to grant sncli needful coniniissions as they shall think tit;" 
" and from time to time to make, ordain, constitute, or repeal, suck Inw.f, 
statutes, orders and ordinances, forms and ceremonies of gnvirnnient, <ntd 
magistracy, as to them shall seem meet, for the good and rcrtfare of the 
said Company, and for the gorern.7ncnt and ordering the lands and here- 
ditaments grajited therein, and of the people that do, or at any time herf af- 
ter shall inhabit or be ivithin the same ; so as such laws, ordinances and 
CONSTITUTIONS, SO made, be not contrary and repugnant unto, but as near 
as may be agreeable to the laws oiVjU^iVMid, considering th.e nature and 
constiiutio7i of the place and people thertr* 

The following is this charter, which commends itself to every lover of free 
government : 

TflE CHARTER GRANTED BY KING CHARLES 11. 

Charles, the Second, by the grace of God, Kins: of England, Scotland, 
France, and Ireland, def nder of the faith, (fcc, to all to whom tfiese presents 
shall come greeting: Whereas we have been informed by the humble pe- 
tition of our trusty and well beloved subject, John Clarke, on \\w bcfuilf of 
Benedict Arnolii, William IJrenton, William Coddington, Nicholas Eiiston, 
William IJ oulston, John Porter, John Smith, Samuel Gorton, John Weeks, 
Roger Williams, Thomas CIney, Gregory Dexter, John Coggesball, Joseph 
Clarke, Ilandall Holdf^n, John Greene, John Roorne, Sami»(4 Wildbore, 
William Field, James Barker, Richard 'I'ew, Thomas Harris, and William 
Dyre, and the rest of the purchasers ai d free inhabitants of our island, call- 
ed Hhode Island, and the rest of the colony of Providence Plantations, in 'he 
Narragansett Hay, in New lOii^land, in America, that they, pursuinof, with 
peacable and loyal luinds, tfuir sober, serious, and religious intentions, of 
godly edifying themselves, and one another, in ifie holy christian faith and 
worship, as they were persuaded; together with the gaining over and con- 
version of the poor ignorant Indian natives, in those parts of America, to 
the sincere profession and obedience of the same faith and worship, did, not 
only by the consent and good eucourcgement of our royal progenitors, 
transport themselves out of this kingdom of England into America, biU also, 
since; their arrival there, after their first settlement amongst other our sub- 
jects in those [)arts, for the avoiding of discord, and those many evils which 
were likely to ensue upon some of those our subjects not being able to Ixuir, 
in llicse remote parts, their different apprehensions in reli<iious concern- 
ments, and in pursuance of the aforesaid ends, did once asraiu leave their 
desirable stations and haliitations, and with excessive labor and travel, haz- 
ard and charge, did trans|)lant themselves into the midst of the Indian na- 
tives, who, as we are informed, are the most potent princes and people of 
all that country ; when^ by the good Providence of (Jod, from whom the 
Plantations have taken their name, upon their laborand industry, they have 
not only been preserved to admiration, but have increased and prospered, 
and are seized and jtossessed, by {)urchase and consent of the said natives, 
to their full content, of such lands, islands, rivers, harbors and roads, as are 

♦ See page 121. 



Doc. No. 225. 119 

very convenient, both for plantations, and also for building of ships, supply 
of pipe staves, and other merchandize : and which he very commodious, 
in many respects f)r commerce, and to accommodate our southern planta- 
tions, aiid may much advance tlie trade o( this our reahii, and greatly en- 
lari^e tlie territori s thereof; tliey having, by near neighborhood to and 
friendly society with the great body of tlie Narragans'tt Indians, given them 
encouragement of their own accord, to subject themselves, their people and 
lands unto us; whereby, as is hoped, there may, in time, by the blessing 
of God upon their endeavors, be laid a sure foundation of happiness to all 
America: and whereas, in their humble address, they have freely d(>clared, 
that it is much on their hearts (if tliey may be permitted) to hold f)rth a 
lively experiment, that a most flourishing civil state may stand and best be 
maintained, and that among our Kuiilish subjects, with a full liberty in re- 
ligious concernrneuls ; and that true piety, rightly grounded upon gospel 
principles, will give the best and greatest security to sovereignty, and will 
lay in tlie hearts of men the strongest obligations to true loyalty : Now 
know ye, tliat we, being willing to encourage the hopeful undertaking of 
our said loyal and lovinLj subjects, and to secure them in the free exercise 
and enjoym 'lit of all their civil and religious rights, appertaining to them, 
as our loving subjects; and to preserve unto them that liberty, in the true 
christian faith and worship of God, which tliey have sought with so much 
travel, and with peaceable minds, and loyal siif>jeciion to our royal protren- 
itors and ourselves, to enjoy; and because some of the people and inhabit- 
ants of the same colony cannot, in their private opinions, conf)rin to the 
public exercise of religion, according to the liturgy, forms, a;id cere lioiiies 
of the Church of England, or lake or subscribe the oaths and articles made 
and established in that behtilf; and for that the same, by reason of the re- 
mote distances of those plaees, will, (as we hope) be no breach of the unity 
and uniformity established in tliis nation: Have iherefore thought fit, and 
do herelty pul)lish, grant, oidain, and declare, that our royal will and pleas- 
ure is, that no j)erson within the said colony, at any time hereafter, shall be 
anywise molested, punished, disquieted, or called in question, for any dif- 
ferences in opinion in matters of religion, and do not actually disturb the 
civil peace of our said colony ; but that all and every person and persons 
may, from time to time, and at all times hereafter, freely and fully have and 
enjoy his and their own judgments and consciences, in matters of religious 
concernments, throughout the tract of land hereafter mentioned, they be- 
having themselves peaceably and quietly, and not using this liberty to licen- 
tiousness and profaneniss, nor to ifie civil injury or outward disturbance of 
others; any law, statute, or clause, therein contained, or to be contained, 
usage or custom of this realm, to the contrary hereof, in any wise, notwith- 
standing. And that they may be in the better capacity to defend themselves, 
in their just rights and liberties, against all the enemies of the christian 
faith, and others, in all respects, we have further thought fit, and at the 
humble petition of the persons aforesaid are graciously pleased to declare, 
that they shall have and enjoy the benefit of our late act of indemnify and 
free pardon, as the rest of our sulijects in other our dominions and territo- 
ries have; and to create and make them a body politic or corporate, with 
the powers and privileges hereinafter mentioned. And accordingly our will 
and plciisureis, and of our especial grace, certain knowledcre, and mere mo- 
tion, we fiave ordained, constituted, and declared, and by these presents, for 



120 Doc. No. 225. 

us, onr heirs and successors, do ordain, constitute, and declare, that they, 
the said WilHam Brenton, Wilham Coddington, Nicholas Easton, Benedict 
Arnold, Wilham Boulston, John Porter, Samuel Gorton, John Smith, John 
Weeks, Roger Williams, Thomas OIney, Gregory Dexter, John Coggeshall, 
Joseph Clarke, Randall Holden, John Greene, John Roome, W iliiam Dyre, 
Samnel Wildbore, Richard Tew, William Field, Thomas Harris, James 

Barker, Rainsborrow, Williams, and Jolui Nickson, and all 

such others as now are, or hereafter shall be, admitted and made free of the 
company and society of our colony of Providence Plantations, in the Nar- 
ragansett Bay, in New England, shall be, from time to time, and forever 
hereafter, a body corporate and politic, in fact and name, by the name of 
The Governor and Conipany of the English Colony of Rhode Island and 
Providence Plantations, in New England, in America; and that, by the 
same name, they and their successors shall and may have perpetual succes- 
sion, and shall and may be persons able and capable, in the law, to sue and 
be sued, to plead and he impleaded, to answer and be answered unto, to de- 
fend and to be defended, in all and singular suits, causes, quarrels, matters, 
actions and things, of what kind or nature soever; and also to liave, take, 
possess, acquire, and purchase lands, tenements, or hereditaments, or any 
goods or chattels, and the same to lease, grant, demise, aliene, bargain, sell, 
and dispose of, at their own will and pleasure, as other onr liege people, of 
this our realm of England, or any corporation or body politic within the 
same, may lawfully do. And further, that they the said Governor and Com- 
pany, and tlieir successors, shall and may, forever hereafter, have a common 
seal, to serve and use for all matters, causes, things, and affairs, whatsoever, 
of them and their successors; and the same seal to alter, change, break, and 
make new, from time to time, at their will and pleasure, as tliey shall think fit. 
And further, we will and ordain, and by these presents, for us, our heirs and 
successors, do declare and appoint that, for the better ordering and managing; 
of the affairs and business of the said coiripany, and their successors, there 
shall be one Governor, one deputy Governor and ten Assistants, to be from 
time to time, constitutpd, elected, and chosen out of the freemen of the said 
Company for the time being, in such manner and fi)rm as is hereafter in these 
presents expressed ; which said officers shall apply themselves to take care 
for the best disposiuffand oideringof the general business and affairs of and 
concerning the lands and hereditaments hereinafter mentioiied to 'je granted. 
and the plantation thereof, and the goveriunent of the peo()le there. And, 
for the better ex'^cution of our royal f)leasure herein, we do, for us, our 
heirs and successors, assign, name, constitute, and appoint the aforesaid 
Benedict Arnold to be the first and present Governor of the said Company, 
and the said William Brenton to be thede[)uty Governor, and the said Wil- 
liam Boulston, John Porter, Koger Williams, Thomas OIney, John Smith, 
John Greene, John Coggeshall, James Barker, William Field, and Joseph 
Clarke, to be the ten present Assistants of the said Company, to continue in 
the said several offices, respectively, until the first Wednesday which shall 
be in the month of May now next coming. And further, we will, and by 
these presents, for us, onr heirs, and successors, do ordain and grant that 
the Governor of the said Company, for the time being, or, in his absence, by 
occasion of sickness, or otherwise, by his leave and permission, the deputy 
Governor, for the time being, shall and may, from time to time, upon all 
occasions, give order for the assembling of the said Company and calling 
them together, to consult and advise of llie business and affairs of the said 



Doc. No. 225. 121 

Company. And that forever hereafter, twice in every year — that is to say, 
on every first Wednesday in the month of May, and on every last Wednes- 
day in October, or oftener in case it shall be reqnisite, the Assistants and 
such of the freemen of the said Company, not exceeding six persons for 
Newport, four persons for each of the respective towns of Providence, Ports- 
mouth, and Warwick, and two persons for each other place, town, or city, 
who shall be, from time to time, thereunto elected or deputed by the major 
part of the (reemen of the respective towns or places for which they shall be 
so elected or deputed, shall have a general meeting or assembly, then and 
there to consiili, advise, and determine in and about the affairs and business 
of the said Company and Plantations. And further, we do, of our especial 
grace, certain knowledge, and mere motion, give and grant unto the said 
Governor and Company of the English colony of Rhode Inland and Provi- 
dence Plantations, in New England, in America, and their successors, that 
the Governor, or, in his absence, or by his permission, the deputy Governor 
of the said Company, for the time being, the Assistants, and such of the free- 
men of the said Company as shall be so as aforesaid elected or deputed, or 
so many of them as shall be present at such meeting or assembly as afore- 
said, shall be called the General Assembly ; and that they, or the greatest 
part of them present, whereof the Governor, or deputy Governor, and six 
of the Assistants, at least to be seven, shall have, and have hereby given 
and granted unto them, full power and authority, from time to tin)e, and 
at all times hereafter, to appoint, alter, and change such days, times, and 
places of meeting and Ginsral Assenibly as they shall think tit; and to 
choose, iioininate, and appoint such and so many other persons as they 
shall think fil^ and shall be willing to accept the same, to be free of the 
said Company and body politic, and them into the satne to admit; and to 
elect and constitute such offices and officers, and to grant such needful 
commissions as ihey shall think fit and reqnisite for the ordering, man- 
aging, and despatchnig of the affairs of the said Governor and Company and 
their successors ; and, from time to time, to make, ordain, constitute, or 
repeal such laws, statutes, orders and ordinances, forums and ceremo7iies of 
government and magistranj, as to them shall seem meet, for the good and 
welfire of the said Company, and for the government and ordering of the 
lands and hereditaments hereinafter mentioned to be granted, and of the 
people that do, or at any time hereafter shall, inhabit or be within the same ; 
so as such laws, ordinances, and constitutions so made be not contrary and 
repugnant unto, but as near as may be, agreeable to the laws of this our 
realni of Englaiid, considering the nature and constitution of the place 
and people tliore, and also to appoint, order and direct, erect and settle, 
such places and courts of jurisdiction, for the hearing and determining of 
all actions, cases, matters, and tilings happening within the said colony and 
plantation, and which shall be in dispute and depending there, as they shall 
think fit; and also to distinguish and set forth the several names and titles, 
duties, powers, and limits of each court, office, and officer, superior, and in- 
ferior; and also to contrive and appoint such forms of oaths and attestations, 
not repugnant, but, as near as may be, agreeable, as aforesaid, to the laws 
and statutes of this our realm, as are convenient and requisite, with respect 
to the due admiiii.stration of justice and due execution and discharge of all 
offices and places of trust by the persons that shall be therein concerned; 
and also to regulate and order the wiy and manner of all elections to off.ces 
and places of trust, and to prescribe limit, and distinguish the numbers and 



122 Doc. No. 225. 

bounds of all places, towns, or cities, within the limits and bounds herein- 
after mentioned, and not lierein particularly named, who have, or shall 
have, the power of electing and sending of freemen to the said General As- 
sembly; and also to order, direct, and authorize the imposing of lawful and 
reasonable fines, mulcts, imprisonments, and executing other punisliuK^nts, 
pecuniary and corporal, upon ofF'tiders and delinquents, aceoiding to the 
course of other corporations within this our kingdom of Enjjland; and 
again to alter, revoke, annul, or pardon, under their common seal, or other- 
wise, such fines, mulcts, imprisonments, sentences, judgments, and condem- 
nations, as sliall be thought fit; and to direct, rule, order, and disp >se of all 
other matters and things, and particularly that which relates to the making 
of purchases of the native Indians, as to them shall seem meet; whereby 
our said people and inhabitants in the said Plantations may be so reli- 
giously, peaceably, and civilly governed, as that, by their good life and or- 
derly conversation, they may win and invite the native Indians of the coun- 
try to the knowledge and obedience of the only true God and Saviour of 
ma'ikiiid; willing, commanding, and requiring, and by these presents, for us, 
our heirs, and successors, ordaitjing and appointing that all such laws, stat- 
utes, orders, and ordinances, instructions, impositions, <md du'ections, as shall 
be so made by the Governor, deputy Governor, Assistants, and freemen, or 
such number of them as aforesaid, and published in writing, under their com- 
mon seal, shall be carefully and duly observed, kepf, performed, and put in 
execution, according to the true intent and meaning of the same. And tliese 
our letters patent, or the duplicate or exemplification thereof, shall be to all 
and every such officer, superior or inferior, from time to time, for the 
putting of the same orders, laws, statutes, ordinances, instruclions, and di- 
rections, in due execution, against us, our heirs and successors, a sufficient 
warrant and discharge. And furiher, our will and pleasure is, and we do 
hereby, for us, our heirs, and successors, establish and ordain, that yearly, 
once in the year, forever hereafter, namely, the aforesaid Wednesday in 
May, and at the town of Newport, or elsewhere, if urgent occasion do re- 
quire, the Governor, Deputy Governor, and Assistants of the said company, 
and other officers of the said company, or such of them as the General As- 
sembly shall think fit, shall be, in the said (General Court or Assembly to be 
held from that day or time, newly chosen for the year ensuing, by such 
greater part of the said Company, for the time being, as shall be then and 
there present; and if it shall happen that the present Governor, Deputy 
Governor, and Assistants, by these presents appointed, or any such as shall 
hereafter be newly chosen into their rooms, or any of them, or any other 
the oflicers of the said Company, shall die or be removed from his or their 
several offices or places, before the said general day of election, (whom we 
do hereby declare, for any misJemeanor or default, to be removable by the 
Governor, Assistants, and Company, or sueh greater part of them, in any of 
the said public courts, to be assembled as aforesaid,) that then, and in every 
such case, it shall, and may be lawful to and for the said Governor, Deputy 
Governor, Assistants, and Company aforesaid, or such greater part of tliem, 
so to be assembled as is aforesaid, in any their assemblies, to proceed to a 
new election of one or more of their Company, in the room or place, rooms 
or places, of such officer or officers, so dying removed, according to their 
discretions ; and immediately upon and after such election or elections made 
of such Governor, Deputy Governor, Assistant, or Assistants, or any otiier 
officer of the said Company, in reianner and form aforesaid, the authority, 



Doc. No. 225. 123 

office and power, before jjiven to the former Governor, Deputy Governor, 
and other officer and officers, so removed, in whose stead and place new 
shall be chosen, shall, as to him at»d them, and every of them, respectively, 
cease and determine: Provided always^ and onr will and pleasure is, that 
as well such as are by these presents appointed to be the present Governor, 
Deputy Govern(ir, and Assistants, of the said Company, as those that shall 
succeed them, and all other officers to be appointed and chosen as aforesaid, 
shall, before the undt^rtakiuir the execution cf the said offices and places 
respectively, give tlieir solemn ens^iigenjent, by oath, or otherwise, for the 
due and faithful performance of their duties in their several offices and 
places, before such person or persons as art; by these presents hereafter ap- 
pointed to take and receive the same, that is to say: the said Benedict Ar- 
nold, who is hereinbefore nominated and appointed the present Governor of 
the said Company, shall give the aforesaid engagement before William 
Brenton, or any two of the said Assistants of the said Company ; unto whom 
we do by these presents give full power and authority to require and receive 
the same; and the said William Brenton, who is hereby before nominated 
and appointed the present Deputy Governor ol the said Company, shall 
give the aforesaid enoagement before the said Benedict Arnold, or aiiy two 
of the Assistants of the said Company ; unto whom we do by these presents 
give full power and authority to require and receive the same ; and the said 
William Boulston, John Porter, Roger Williams, Thomas Olney, John 
Smith, John Greene, Jclui Coggeshall, James Barker, William Field, and 
Josei>h Clarke, who are hereinbefore nominated and appointed the present 
A'^sistants of the said Company, sliall give the said engagement to their offi- 
ces and [ilaces respectively belonging, bi'fore the said Benedict Arnold and 
William Brenton, or one of them ; to whom respectively we do hereby give 
full power and authority to require, aduiinister, or receive the same: and 
further, our will and pleasure is, that all and every other future Governor 
or Deputy Governor, to be elected and chosen by virtue of these presents, 
shall give the said engawempnt before t.vo or more of the said Assistants of 
the said Coiupany for the time being ; unto whom we do by these presents 
give full power and autliority to require, administer, or receive the same; 
and tlie said Assistants, and every of them, and all and every other officer 
or officers to be liereaftt r elected and chosen by virtue of these presents, 
from lime to time, shall give the like engagements, to their offices and places 
respectively belonging, before the Governor or Deputy Governor for the time 
being; unto which said Governor, or Dt-piity Governor, we do by these 
presents give full power and authority to require, administer, or receive the 
same accordingly. And we do likewise, for us, our heirs, and successors, 
give and grant unto the said Governor and Company, and their successors, 
by these presents, that, for the more peaceable and ord(!rly government of 
the said Plantations, it shall and may be lawful for the Governor, Deputy 
Governor, A?sistants, and all other officers and ministers of the said Com- 
pany, in the administration of justice, and exercise of government, in the 
said Plantations, to use, exercise, and put in execution, such methods, rules, 
orders, and directions; not being contrary or repugnant to the laws and stat- 
utes of tliis our realm, as have been heretofore given, used and accustomed, 
in such cases, respectively, to be put in practice, until at the next, or some 
other General Assembly, special provision shall be made and ordained in 
the cases aforesaid. And we do further, for us, our heirs, and successors, 
give and grant unto the said Governor and Company, and tlieir successors, 



124 Doc. No 225. 

by these presents, that it shall and may be lawful to and for the said Gov- 
ernor, or in his absence, the Deputy Governor, and major part of the said 
Assistants, (or the tisne being, at any time when the said General Assembly 
is not silting) to nominate, appoint, and constitute such and so many com- 
manders, governors, and mihiary oflicers as to them shall seem requisite 
for the leading, conducting, and training u[) the inhabitants oi the said 
Plantations in martial affairs, and for the defence and safeguard of the said 
Phuitations; and that it shall and may be lawful to and for all and every 
such commander, governor, and military officer, that shall be so as afore- 
said, or by the Governor, or, in his absence, the Deputy Governor, and six 
of the said Assistants, and major part of the freemen of the said Company 
present at any General Assemblies, nominated, appointed, and constituted 
according to the tenor of his and their respective commissions and direc- 
tions, to assemble, exercise in arms, martial array, and put in warlike pos- 
ture, tlie inhabitants of the said colony, for their special defence and safety; 
aiid to lead and conduct the said inhiibiiants, and to encounter, expulse, 
expel, and resist, by force of arms, as well by sea as by land, and also 
to kill, slay, and destroy, by all fitting ways, enterprises, and means what- 
soever, all and every such person or persons as shall, at any time here- 
after, attenipt or enterprise the destruction, invasion, detriment, or atinoy- 
ance of the said inhabitants or Plantations; and to use and exercise the 
law martial in such cases only as occasion sliall necessarily require ; and 
to take or surprise, by all ways and means whatsoever, all and every such 
perron and persons, with llieir ship or ships, armor, ammunition, or other 
goods of such persons as shall, in hosiile manner, invade or attempt the 
defeating of the said plantation, or the hurt of the said company and 
inhabitants; and, upon just causes, to invade and destroy the native In- 
dians, or other enemies of the said colony. Nevertheless, our will and 
pleasure is, and we do hereby declare to the rest of our colonies in New 
England, that it shall not be lawful for this our said colony of Rhode Islnnd 
and Providence Plantations, in America, in New England, to invade the 
natives inliabifing within the bounds and limits of their said colonie*, with- 
out ihe knowledge (Uid consent of the said other colonies. And it is here- 
by declared, that it >hall not be lawful to or for the rest of the colonies to 
invade or molest the native Indians, or any other inhabitants, inhiibiting 
within the bounds and lin)its hereafter mentioned, (they having subjected 
themselves unto us, and lieing by us taken into our special protection,) 
without the knowledge and consent of the (jovernor and Company of our 
colony of Rhode Island and Providence Plantations. Also our will and 
pleasure is, ;ind we do hereby declare unto all christian kings, princes and 
states, that if any person, which shall hereafter be of the said Company or 
Plantation, or any other, by appointment of the said Governor and Company 
for the time being, shall at any time or times herealter, rob or spoil, by sea 
or land, or do any hurt or unlawful hostility to any of the subjects of ns, 
our heirs or successors, or any of the subjects of any prince or state, being 
then in league with us, our heirs or successors, upon complaint of such 
injury dcrne to any such prince or state, or their subjects, we, our heirs and 
successors, will make open proclamation within any parts of our realm of 
England, fit for that purpose, that the person or persons committing any 
such robhery or spoil shall, within the time limited by such proclamation, 
make full restitution or satisfaction of all such uijnries done or committed, 
so as the said prince, or others so complaining, may be fully satisfi> d and 



Doc. No 225. 125 

contented ; and if the said person or persons who shall commit any such 
robbery or spoil, shall not make satisfaction, accordingly, within such 
time, so to be limited, that then we, our heirs and successors, will put 
such person or persons out of our allegiance and protection ; and that then 
it shall and may be lawful aud free for all princes or others to prose- 
cute, with hostility, such offenders, and every of them, their and every of 
their procurers, aiders, abettors and counsellors, in that behalf; Provided^ 
also, and our express will and pleasure is, aud we do, by these presents, for 
us, our heirs and successors, ordain and appoint, that these presents shall 
not, in any manner, hinder any of our loving subjects, whatsoever, 
from usino- and exercising the trade of fishing upon the coast ot 
New England, in America; but that they, and every or any of them, 
shall have full and free power aud liberty to continue and use the trade 
of fishing upon the said coast, in any of the setis thereunto adjoining, or 
any arms of the seas, or suit water, rivers and creeks, where they liave 
been accustomed to fish; and to build aud set upon the waste land be- 
longing to the said colony and plantations, such wharves, stages and 
work-houses, as shall be necessary for the salting, drying aud keeping of 
their fish, to be taken or gotten upon that coast. And further, lor the 
encouragement of the inhabitants of our said colony of Providence Plan- 
tations to set upon the business of taking whales, it shall be lawful for them, 
or any of them, having struck whale, dubertus, or other great fish, it or 
them to pursue unto any part of that coast, aud into any bay, river, cove, 
creek, or shore, belonging thereto, and it or them, upon the said coast, or 
in the said bay, river, cove, creek or sliore, belonging thereto, to kill and 
order for the best advantage, without molestation, they making no wil- 
ful waste or spoil ; anything in these presents contained, or any other mat- 
ter or thing, to the contrary notwithstanding. And further also, we are 
graciously pleased, and do hereby declare, that if any of the inhabitants of 
our said colony do set upon the planting of vineyards, (the soil and climate 
both seeming naturally to concur to the production of wines,) or be indus- 
trious in the discovery of fishing banks, in or about the said colony, we 
will, from time to time, give and allow all due and fitting encouragemt^nt 
therein, as to others in cases of like nature. And further, of our more 
ample grace, certain knowledge, and mere motion, we have given and 
granted, and by these presents, for us, our heirs and successors, do give 
and grant unto the said Governor and Company of the English colony ot 
Rhode Island and Providence Plantations, in the Narragansett Bay, in New 
England, in America, and to every inhabitant there, and to every person 
and persons trading ttiither, and to every such person or persons as are 
or shall be free of the said colony, full power and authority, from time to 
time, and at all limes hereafter, to take, ship, transport, and carry avray, 
out of any of our realms and dominions, for and towards the plantation 
and defence of the said colony, such and so many of our loving subjects 
and strangers as shall or will willingly accompany them in and to their 
said colony and plantation ; except such person or persons as are or shall 
be therein restrained by us, our heirs and successors, or any law or statute 
of this realm; and also to ship and transport all aud all mauuer of goods, 
chattels, siierchaiidises, and other things wliatsocver, that are or shall be use- 
ful or necessary for the said plantations, and defence thereof, and usually 
transported, and not prohibited by any law or statute of this our realm ; 
yielding and paying unto us, our heirs and successors, such the duties, 



126 Doc. No. 225. 

customs and subsidies, as are or oiiglit to be paid or payable for the same. 
And furtlier, our will and pleasure is, and we do, for us, our lieirs and suc- 
cessors, ordain, declare, and grant, unto the said Governor and Company, and 
their successors; that all and every the subjects of us, our heirs and suc- 
cessors, which are aheady planted and settled within our said colony of 
Providence Plantations, or which shall hereafter go to inhabit within the 
said colony, and all and every of their children, which have been born 
there, or which shall happen hereafter to 1)6 born there, or on the sea, 
going thither, or returning from thence, shall have and enjoy all liberties 
and inmmnities of free and natural subjects within any I he dominions of 
us, our heirs or successors, to all intents, constructions and purposes, 
whatsoever, as if they, and every of them, were born within t)ie realm of 
England. And further, know ye, that we, of our more abundant grace, 
certhin knowledge, and mere motion, have given, granted and confirmed, 
and, by these presents, for us, our heirs and successors, do give, grant 
and confirm, unto the said Governor and (Company, and their successors, 
all that part of our dominions in New England, in America, containing 
the Naliantick and Nanhyganset, alias Narraganselt Bay, and countries 
and parts adjacent, bounded on the west, or westerly, to tfie middle or 
chanr^el of a river there, commonly called and known by the name of 
Pawcaluck, alias Pawcawtuck river, and so along the said river, as the 
greater or middle stream thereof reacheth or lies up into the north country, 
northward, unto the head thereof, and from thence, by a straiglit line drawn 
due north, until it meets with the south line of the iVlassachuseits colony; and 
on the north, or northerly, by the aforesaid south or southerly line of the Mas- 
sachusetts colony or plantation, and extending towards the east, or east- 
wardiy, three English miles to the east and northeast of the most eastern 
and northeastern parts of the aforesaid N-trragansett Bay, as the said bay 
lieth or extendeth nself from the ocean on the south, or southwardly, unto 
the mouth of the river which runneth toward the town of Providence, and 
from thence along the eastwardly side or bank of the said river (higher 
called by the name of Seacunck river) up to the falls called Patuckett falls, 
being the most westwardly line of Plymouth colony, and so from the said 
falls, in a straight line, due north, until it meet with the aforesaid line of 
the Massachusetts colony, and bounded on the south by the ocean ; and, 
in particular, the lands belonging to the towns of Providence, Pawluxet, 
Warwick, Misquammacock, alias Pawcatuck, and the rest upon the main 
land in the tract aforesaid, together with Rhode Island, Block Island, and 
all the rest of the islands and banks in the Narragansett Bay, and border- 
ing upon the coast of the tract aforesaid, (Fisher's Island only excepted,) 
together with all firm lands, soils, grounds, havens, ports, rivers, waters, fish- 
ings, mines royal, and all other mines, minerals, precious stones, quarries, 
woods, wood grounds, rocks, slates, and all and singular other commodities, 
jurisdictions, royalties, privileges, franchises, pre-eminences, and heredita- 
ments whatsoever, within the said tract, bounds, lands, and islands aforesaid 
or to them or any of them belonging, or in any wise appertaining : To have 
and (o hold the same unto the said Governor and Company and their suc- 
cessors forever, upon trust, for the use and benefit of themselves and their 
associates, freemen of the said colony, their heirs and assigns, to be holden 
of us, our heirs and successors, as of the manor of East Greenwich, in our 
county of Kent, in free and common soccage, and not in cayite, nor by 
knight service ; yielding and paying therefor to us, our heirs and success- 



Doc. No. 225. 127 

ors, only the fiftli part of all the ore of gold and silver which, from time to 
time, and at all times hereafter, shall be there gotten, had, or obtained, in lien 
and, satisfaction of all services, duties, fines, forfeitures, made or to be 
made, claims and demands wliatsoever. to be to us, our heirs or successors, 
therefor or thereout rendered, made, or paid ; any grant, or clause in a late 
grant, to the Governor and Company of Connecticut Colony, in America, 
to the contrary thereof in anywise notwithstanding. The aforesaid Pawca- 
tuck river liaving been yielded, after much debate, for the fixed and certain 
bounds betweeji these our said colonies, by the agents thereof, who have 
also agreed tliat the said Pawcatuck river shall be also called alias Norro- 
gansftt or Narrogansett river ; and, to prevent future disputes, that other- 
wise n)ight arise thereby, forever hereafter shall be construed, deemed, and 
taken to be the Narrogatisett river in our late grant to Connecticut colony 
mentioned as the easterly bounds of that colony. And further, our will 
and pleasure is, that, in all matters of public controversy, which may fall 
out between our colony of Provide-ice Platitations and the rest of our colo- 
nies in New England, it shall and may be lawful to and for the Governor 
and Company of the said colony of Providence Plantations, to make their 
appeals therein to us, our heirs and successors, for redress in such cases, 
within this our realm of England ; and that it shall be lawful to and for 
the inhabitants of the said colony of Providence Plantations, without let or 
molestation, to pass and repass, with freedom, into and through the rest of 
the English colonies, upon their lawful and civil occasions, and to converse 
and hold commerce and trade with such of the inhabitants of our other 
English colonies as shall be willing to admit them thereunto, they behaving 
thenjselves peaceably among them ; any act, clause, or sentence, in any of 
ihe said colonies provided, or that shall be provided, to the contrary in any 
wise notwithstanding. And lastly, we do for us, our heirs, and successors, 
ordain and grant unto the said Governor and Ompany, and their success- 
ors, by these presents, that these our letters patent shall be firm, goodjCffect- 
nal, and available in all things in the law, to all intents, constructions, and 
purposes whfitsoever, according to our true intent and meaning hereinbe- 
fore declared ; and shall be construed, reputed, and adjudged in all cases 
most favorably on the behalf, and for the besi benefit and behoof, of the said 
Governor and Company, atid their successors; although express mention 
of the true yearly value or certainty of the premises, or any of them, or of 
any other gifts or grants by us, or by any of our progenitors or predeces- 
sors, lieretofore made to the said Governor and Company of the English 
colony of Rhode Island and Providence Plantations, in the Narragansett 
Bay, New England, in America, in these presents is not made, or any stat- 
ute, act, ordinance, provision, proclamation, or restriction, heretofore had, 
made, enacted, ordained, or provided, or any other matter, cause, or thing 
whatsoever, to the contrary thereof in any wise notwithstanding. In wit- 
ness whereof, we have caused these our letters to be made patent. Witness 
ourself at Westminster, the eighth day of July, in the fifteenth year of our 
reign. 

By the King: HOWARD. 



The whole purport and effect of the preceding charter, stripped of legal 
verbiage, was to give to the people of Rhode Island the power to govern 



128 Doc. No. 225. 

themselves, in civil affairs, as they pleased, so that they did not violate the 
laws of FingUuid, so far as appHcable to their constitution ; and a perfect 
freedom in religious concernments. This, in effect, was but a confirma- 
tion of the rifjhls of self government, which the people of Rhode Island 
possessed by the charter granted them under the authority of the Parlia- 
ment. 

The charter of Charles II. was gladly accepted by the people of Rhode 
Island, as appears from the following record of tlie proceedings of "^4 Court 
of Commissioners,^' the legislative assembly under the charter of 1643, 
held at Newport November 24th, 1063, and the record of a very great 
meeting and assembly of the freemen of the colony on the same day, legally 
called and met for the reception of the charter. 

Here follow the proceedings copied from the ancient records : 

" The proceeds of a Court ofCommissio?icrs at Newport, November 24,1663. 

"For Providence. — Mr. William Field, Mr. William Carpender, Mr. 
Zachary Rhods, Mr. William Harris, Mr. Richard Tew, .Joseph Torrey. 

^^ New /J07-t.— Mr. Benedick Arnold, Mr. William Brenton, Mr. William 
Coddington, Mr. James Barker, Mr. John Coggeshall,Captayne John Cran- 
ston. 

" Portsmouth. — Mr. Willian) Almye, Mr. Lot Strange, Mr. William 
Wodall, Mr. Frances Brayton, Mr. William Hall, Mr. Philip Tabor. 

" ]Varwick. — Mr. John Greene, Mr. Samuel (jorton, Mr. Randall Howl- 
den, Mr. John Weekes, Mr. James Greene, Mr. Richard Carder. 

" The President chosen Moderator. 

" Voted, That Captayne George Baxter be desired to bring forth and pre- 
sent the Charter to this Court. 

" Voted, That this Court be adjourned until to-morrow morning, eight of 
the clock, to give way for the Charter to be read. 

"Voted, That the Moderator of the Assembly be chosen by vote. 

"The President chosen Moderator of the Assembly. 

" At a very great meeting and Assembly of the Freemen of the Colony 
of Providence I^lnntations at Newport, on Rhode Island, in New England, 
November 24, 1663, 

"The above said Assembly beinge legally called, and orderly met for the 
solemn Receplion of his Majestyes Gracious Letters patent n^rto them 
sent, and having in order thereto Chosen the President Benedick Arnold, 
Moderator of the Assembly, 

"It was ordered and voted nenmie contradicente. 

"Voted 1. That Mr. John Clarke, the colony Agents, letter to the Presi- 
dent. Assistants and Freemen of the Colony be opened, and read, which 
accordingly was done with good delivery, and attention. 

"Voted 2. That the box in which the Kings gracious Letters were en- 
closed be opened, and the Letters, with the Broad Scale thereto affixed, be 
taken forth and Read by Captayne George Baxter, in the Audience and 
view of all the people ; which was accordingly done and the said Letters, 
with his Majestyes Royal Stampe and the Broad Scale with much beseem- 
ing gravity held up on high and presented to the perfect view of the peo- 
ple, and so returned into the Box and locked up by the Governor in order 
to the safe keeping it. 



Doc. No. 225. 129 

"Voted 3. That the most humble Thanks of this Colony, unto our gra- 
cious Sovereign Lord, Kiiior Charles the second of England, &c. for the 
high and Inestimable, yea incomparable grace and favor unto the Colony 
in giving those his gracions Letters patents unto us; thankes may be pre- 
sented and returned by the Governor and Deputy-Governor in the behalf 
of the whole Colony. 

"Voted 4. That for present, and until the Colony can otherwise declare, 
than bywords their obligations unto the most honorable Earl of Clarendon, 
Lord Hio;h Chancellor of England, for his Exceeding great care and love 
unto this Colony, as by our Agent above mentioned hath always been ac- 
ktiowledged in his letters, The Governor and Deputy-Governor are de- 
sired to return unto his Lordship the humble thanks of the whole Colony. 

" Voted 5. That Mr. John Clarke's Letter to the Governor, Deputy Gov- 
ernor, Assistants and freemen of this Colony be opened and read. 

"Voted 6. Thai Mr. John Clarke the Colony's Agent in England, be 
saved harmless in his Estate, and to that end that all his disbursements go- 
ing to England and all his Expenses and Engagements there already laid 
out, Expended, or Engaged in order to the procuring the King's Letters 
patent for this Colony, and any other matters conducing to the Colony's 
behalf in any sort whatsoever, as also all farther Expenses and Engage- 
ments he shall be necessitated yet farther to disburse on such accoiuils, and 
until he shall here arrive (as he saith he intends to come next spring) shall 
all be repayd. payd and discharged by this Colony of Rhode Island, and 
Providence Plantations, &c. in New England. 

" Voted 7. That in Consideration of Mr. John Clarke's aforesaid his great 
pains, labor and travel with much faithfulness exercised for above 12 years 
in behalf of this Colony in England ; The thanks of the Colony be sent 
unto him by the Governor and Deputy Governor, and for a gratuity to him, 
the Assembly Engage that the Colony shal pay unto the said John Clarke, 
or unto his order here in Newport, over and besides what is above engaged, 
the sum and full value of One Hundred Pounds Sterling, in current pay 
of the Country, also to be paid at or before the 2.5th day of December in the 
year 1664. 

" Voted 8. That Captayne George Baxter shall have five and twenty 
pounds sterling, in current pay, given him as a token from the Colony of 
their Thankfull Presentment of the Charter of which he was the most faith- 
full and happie bringer and presenter, by our Agents order unto this Assem- 
bly, besides the charge of his being in and comminge from Boston therewith 
to be also defrayed .and the said 25 pounds to be paid him with all conve- 
nient speed. 

" Voted 9. That all the above said Votes be recorded by Joseph Torrey 
General Recorder, and so the Assembly is dissolved in order to the acqui- 
escing his Majesty's order and Commands, in the Charter." 

On the next day the court of commissioners again sat for the purpose of 
surrendering up the power of the old government to the new. 
The following is the record of this meeting : 

^'November 25, the Court of Convniissioners sits. 

" It is ORDERED and agreed by this Assembly, that all Bonds and Indict- 
ments to the Generall Court of Trialls in March next, shall stand in force ; 
as also any judgments of courts Either in the Colony or any particular Towns 
9 



130 Doc. No. 225. 

whereby Execution is already or shall be legally taken forth may be served 
as formerly by the former Generhll or Town Sergeant and until hutlier 
order ; as also That any Petition formerly presented to a court of com- 
missioners be taken notice of at the next General Assembly and thus the 
Court of Commissioners have ordered to the Recorder five shillinss of each 
town for his attendance on this Court, and the General Assembly do dis- 
solve and resigti us to the pressnt Government in obedience to his Majesty's 
Cornvtands and Commission in his Gracious Letters Patent under the 
broad scale of England given and granted to this colony. 



The following extract from Rawle on the Constitution of the United 
States, (introduction, page 9,) shows what sort of a Government, in the 
view of an English author, and an American jurist, Rhode Island enjoyed 
under the charter of Charles II : 

"In England, of three co ordinate parts, one only is supposed, by the con- 
stitution, to represent the authority of the people ; and at what tinie this rep- 
resentation was introduced among them is not clearly settled by their own 
jurists and antiquarians. That it existed before the Norman Conquest, in 
some form now not exactly ascertained, is indeed agreed ; but on the sub- 
version of the Saxon institutions, etfected by William, the practice was at 
least suspended until the reign of Henry ill. The provincial constitutions 
of America were, with two exceptions, modelled with some conformity to the 
English theory ; but the colonists of Rhode Island and Providence Planta- 
tions were empowered to choose all their oncers, legislative, executive^ 
and judicial, and about the same lime a similar charter was granted to Con- 
necticut. And thus complains Chalmers, a writer devoted to regal princi- 
ples : ' A mere democracy, or rule of the people, was established. Every 
power, deliberative and active, was invested in the freemen or their dele- 
gates ; and the supreme executive magistrate of the empire, by an inatten- 
tion which does little honor to the statesmen of those days, was wholly ex- 
cluded.' He expresses his own doubts whether the King had a right to grant 
such charters." 

" But although in all the other provinces the charters were originally 
granted, or subsequently modified, so as to exclude the principle of repre- 
sentation from the executive department, these two provinces, at the lime 
of our Revolution, retained it undiminished. The suggestion of the full, 
unqualified extension of the principle of representation may, therefore, be just- 
ly attributed to the example of Rhode Ishind and Connecticut, which, when 
converted into SiMes, Jound it unnecessary to alter the nature of their gov- 
«niWf;«/s, and continued the same forms, in all respects, except the nominal 
recogniiinn of the King's authority, till 1818, when Connecticut made some 
minor changes, and adopted a formal constitution. Rhode Island, however, 
is still satisfied with the charter of Charles 11, from which it has been found 
sufficient to expunge the reservation of allegiance, the required conformity 
of its legislative acts to those of Great Britain, and the royal right to a cer- 
tain portion of gold and silver ores, which, happily for that State, have 
never been found within it." 



At a meeting of the General Assembly, at Newport, May 4, 16()4, the 
General Assetnbly, among other things, declared liberty of conscience 



Doc. No. 225. 131 

agre<^ably to the charter, and provided a form of engagement to be taken 
by all persons acting in any public office, and then follows this declaration : 
•' It is also the pleasure and appointment of this General Assembly, that 
none presmne to vote in the matters aforesaid, but such whom this General 
Assembly expressli/, by their writing, shall admit as freemen.''^ 



At a meeting of the General Assembly, at Newport, May 3, 1665, the 
King's commissioners proposed certain tilings to the Assembly under five 
heads, the second of which was as follows: 

"2. That all men of Competent estates and of Civil (conversation who 
acknowledge * * * * ^xe obedient to the Civil Magistrate, though of 
differing judgments may be admitt * * * 6e Freeme/i, and have liberty 
to choose and to be chosen officers both Civil and * * ." 

The ancient record is now in part illegible, as appears from the blanks in 
the above. 

In reply to this, the General Assembly, at the same session, declared as 
follows : 

" And further, this Assembly in a due sense of his Majesty's gracious favor 
nnto this Colony, in the second of those five above written proposals — Do 
order, enact, and declare, that so many of them that take the aforesaid En- 
gagement, and are of Competent Estates, Civil conversation, and Obedient 
to the Civil Magistrate, shall be admitted freemen of this colony, upon their 
express desire therein declared to the General Assembly, either by them- 
selves, with siijjicient testimony of their fitness and qualifications as shall 
by the Assembly be deemed satisfactory^ or if by the Chief Officer of the 
Towne or Townes where they live they be proposed and declared as afore- 
said; and that none shall have admission to vote for public officers or depu- 
ties, or enjoy any privilege of freemen till admitted by the Assembly as 
aforesaid,and their names recorded in the General Records of this Colony. ^^ 

Thus did the people of Rhode Island early guard that most sacred privi- 
lege in a free State, the right of admitting strangers to tlie exercise of politi- 
cal power ; and thus did they claim the exercise of this right under the 
charter, as belongino: to themselves, through their representatives, acting in 
the General Assembly. 

But now we are told that all men have a right to thrust themselves into 
the body politic, however alien by birth, and to seize for themselves the right 
of suffrage by the right of revolution ! 



At the General Assembly held at Newport, the 1st of May, 1667, it was 
ordered and voted as follows : 

" It is ordered by the present Assembly that whosoever shall attempt to 
vote for the election of Governor, Deputy Governor, or any other magis- 
trate, or other officers that is to be chosen upon the day of election, not be- 
in ct a freeman of this Colony, he shall forfeit five pounds, or otherwise 
fined or punished as the General Assembly shall see meet." 

'• Voted, that no person shall be admitted into the freedom of this corpora- 
tion upon the day of Election," 



132 Doc. No. 225. 

The first printed Digest of the I/aws of Rhode Island and Providence 
Plantations, was in 1730, and contains the laws from 1663 to 1730, which 
were then in force, with the dates of their several enactments. 

The following is taken from the first and second pages of this digest : 

" Laws made and past by the General Assembly of his Majtsty^s colony 
of Rhode Island and Providence Plantations, begun and held at New- 
port, the first day of March, 1 663."* 

"AN ACT regulating the election of general officers." 

" Be it enacted by the General Assembly of this Colony, and by the 
authority of the same it is hereby enacted, That all persons whatsoever, 
that are inhabitants within this colony, and admitted freemen of the same, 
shall and may have liberty to vote for the Electing of all the General offi- 
cers in this colony, either in person or by proxy, upon the first Wednesday 
of May annually, as is expressed in the Charter of the Colony. 

" And be it fnriher enacted by the Antliority aforesaid, That on the first 
Wednesday of May arjnually, there shall be chosen, and elected, one Gene- 
ral Recorder, who shall be Secretary of the Colony, one Sheriff, who shall 
have the care and custody of his Majesty's Gaol, in Newport, one General 
Attorney, and one General Treasurer, for the better regulating and man- 
aging the affairs of the Government; and shall be chosen in manner as 
aforesaid." 

" And that each and every person that shall vote by proxy, shall on the 
Town Meeting day next preceeding the General Election, openly in said 
meeting, deliver in his votes to the Town Clerk of the Town wherein he 
dwells, with his name written at length on the backside or the bottom 
thereof; which votes so taken shall be immediately sealed up by the town 
Clerk, and by him delivered either to an Assistant, Justice, Warden, or De- 
puty of said town, who shall be by the 5;aid Town Meeting appointed for the 
same; by him to be delivered to the Governor or Deputy Governor in open 
Court, before the Election proceed." 

" And be it further enacted by the Authority aforesaid. That all General 
officers shall take the following engagement, before they act in their re- 
spective offices." 

"Yoii A B are by the free Vote of the Freemen of this Colony of Rhode 
Island and Providence Plantations, Elected to the place of in 

this said Colony, and do solemnly Engage true Allegiance unto his Majesty, 
his Heirs and successors to bear, and in your said office equal justice to do, 
unto all persons, Poor and Rich within this jurisdiction, to the utmost of 
your skill and ability, without Partiality, according to the Laws established 
or that shall be established according to the Charter of this Colony, ?is well 
in matters Military as Civil. And this engagement you make and give 
upon the peril of the Penalty of Perjury." 

" The reciprocal engagements^ 

** I do, in the name and behalf of this colony, re-engage to stand by you, 
and to support you by all due assistance and encouragement in the per- 
formance and execution of your aforesaid ofiice, according to your en- 
gagement." 

♦ This was old snie; it was in the yi'ar 1664, new style. This was the first session of the 
General Assembly under the charter of 1663. 



Doc. No. 225. 133 

^^ And he it further enacted hy the authority aforesaid^ That no person 
shall be elected to the place of a deputy to sit in the General xlssembly of 
this colony, but those that nre freeholders therein, and freemen of the same; 
and that each respective town in this colony shall choose and elect their 
number of deputies as stated in the charter, at their respective town meet- 
ino[S next precedino' such court of assembly for the which they shall be 
elected. And that the town clerk of each respective town shall grant forth 
his warrant to the town sergeant or constable of said town, to warn such 
deputies as shall from time to time be chosen in each respective town, to 
attend the assemblies for which they are chosen ; and also the town clerk 
shall make return of such deputy chosen as aforesaid to the general re- 
corder for the time being, on the first opening of the Assembly, who is 
hereby appointed clerk of the same." 

The three next sections relate to the calling the General Assenil)ly by 
the governor or deputy governor on " emergent occasions^'' the pay of the 
deputies, and fines for their neglect to attend the Assembly, and this act 
closes with the following: 

'^ And be it further enacted by the authority aforesaid, That every per- 
son that shall be elected to the place of a deputy, shall lake the following 
engagement before he shall act therein: 

" You, A. B., being chosen to the place of deputy to sit in the General 

Assembly, do solemnly engage true allegiance to his Majesty , his 

heirs and successsors to bear, as slUo fdelity to this his Majesty''s colony of 
Rhode Island and Providence Plantations, and the aulhorily therein es- 
tablished according to our charter : and you do further engage equal right 
and justice to do to all persons as shall appeal unto you for your judgment 
in their respective cases. And this engagement you make and give upon 
the peril of the penalty of perjury.' 

By "general officers," in this act, are intended the governor, deputy 
governor, and assistants, (afterwards called senators) mentioned in tlie 
charter, and the general recorder or secretary, sheriff, attorney general, 
and general treasurer, created by this act. These general officers were 
voted for by the freemen of the colony in person, at an assembly of the 
freemen at Newport on the day fixed by the charter for the general election, 
viz: the first Wednesday of May annually. As it might be inconvenient 
for all the freemen to assemble at that time and place, this act provides a 
mode by which they might vote by proxy. Afterwards, all votes were 
given in this way, and sealed up in town meeting, and sent to the General 
Assembly, by them to be counted on the said election day ; and this con- 
tinued until the adoption of the constitution in 1842, and still continues in 
relation to the governor, lieutenant governor, secretary, attorney general, 
and general treasurer. From this practice of voting, as it was calkd, by 
proxy, instead of in person, on the election day at Newport, the ticket con- 
taiinng the names of the general officers has been called "the prox " of 
general officers, which word " prox" has puzzled some lexicographers ont 
of Rhode Island. 



134 Doc. No 225. 

At the session of the General Assembly of Rhode Island, (fcc, in May^ 
1666, was passed an act, entitled 

"AN ACT establishing the election of icwn officers in each respective town in the colony." 

The third section of this act thus provides: 

'■'■ And be it further enacted by the authority aforesaid, That the freemen 
of each respective town, on their respective town nieetins: days, as shall be 
by them appointed, shall, and they hereby have full power granted them 
to admit so many persons, inhabitants of their respective towns, freemen of 
their towns as shall be by them adjudged deserving thereof; and that the 
town clerk of each town shall once every year send a roll or list of all free- 
men so admitted in their respective towns to the General Assembly, to be 
held for this colony, at Newport, the day before the general election ; and 
also such persons that shall be so returned and admitted freemen of the 
colony, shall be enrolled in the colony's book by the general red{>rder." — 
Digest 1730, page 16. 



At a session of the General Assembly held at Newport the third Tuesday 
of February, 1723, was passed the following act: 

"AN ACT for directing the admitting freemen in the several towns of this colony." 

" Be it enacted by the General Assembly of this colony, and by the au- 
thority of the same it is enacted, That from and after the publication of 
this act, no person whatsoever shall be admitted a freeman of any town in 
this colony, unless the person adnjitted be a freeholder of lands, tenements, 
or hereditaments in such town where he shall be admitted free, of the 
value of one hundred pounds, or lo the value of forty shillings per annum, 
or the eldest son of such a freeholder; any act, custom, or usage to the 
contrary hereof notwitlistanding." — Digest of 173l), page 131. 



At a session of the General Assembly held at Newport the last Tuesday 
of February, 1729, was passed the following act: 

"AN ACT directing the admitting of freemen in the several towns in this colony.' 

" Be it enacted, by the General Assembly of this colony, and by the au- 
thority of the same it is enacted,, That no person whatsoever shall be ad- 
mitted a freeman of any town in this colony, unless the person admitted 
be a freeholder of lands, tenements, or hereditaments in such town where 
he shall be admitted free, to the value of two hundred pounds, or ten 
pounds per annum, or the eldest son of such a freeholder. And if it 
be made appear that any such freedom has been obtained through any 
fraudulent means or contrivance, such freedom shall and is hereby made 
void : any law, custom, or usage, to the contrary hereof, in any wise not- 
withstanding."— Digest of 1730, page 209. 



Doc. No. 225. 135 

At a session of the (>encral Assembly held at East Greenwich on the 
22d day of November, A. D. 1742, was passed the foUowin^^ act : 

*'AN ACT for the belter reefulaiion of the freemen voting eiiher at the general election, or 
any town ii.eeiingin this colony." 

" Whereas by the royal charter granted to this colony by his late gracious 
Majesty King- Charles tlie Second, the governor and company are directed 
and empowered to admit all persons free of the said company as shall de- 
sire the same and are of suitable conversations, and have competent es- 
tates : in pursuance whereof there hath heretofore a law been made in this 
colony, whereby it is enacted that no person shall be adn)itted a freeman 
therein, except he be a freeholder of lands and tenements lying in said 
colony, of the value of two hundred pounds, or ten pounds per aniuim: 
Yet notwithstanding said law, it evidently appears that many persons have, 
by frauds and other indirect means, procured themselves to be made free 
of this colony, who are really not possessed of stich estate as by the above 
said act is required ; and also many persons who have been heretofore pos- 
sessed of such estates as qualified thetn to be freemen according to the 
above said law, have afterwards disposed of such their estates, and yet con- 
tinue to act as freemen in ttiis colony ; from which many very ill conse- 
quences have already arisen to the colony, and many more will ensue if 
not timely prevented ; 

({ Pqj' remtdy whereof^ 

'■'■ Be it euacU.dhy the General Assembly, and by the authority thereof 
it is hereby enacted^ 'I'hat from and after the publication of this act, no 
persoi] wtiatever in this colony shall he admitted to vote or act as a free- 
mtm in any town meeting in this colony, or at the general election, but 
such only who at the time of such their voting or acting as freemen, are 
really and truly possessed of lands, tenfiments, or hereditaments lying in 
this colony, of the full value of two hundred pounds, or ten pounds per 
annum, being their own freehold estate, or the eldest son of such a free- 
holder." 

This act contains two more sections— one requiring a person offering to 
vote, who is stispected of not being qualified as required in the first section, 
to ''declare on oath or engagement that he is really and bona fide qualified 
for a voter," as required in said act, before his vote shall be received ; the 
other section making it penal for the moderator to receive the vote of a 
person challenged, without his taking such oath or engagement. — Digest of 
1744-'45, page 252. 

In the preamble to the last mentioned act it will be seen, by comparing it 
with the charter, that a wrong impression may be conveyed. H^he charter 
says nothing about '-suitable conversations or competent estates," but this, 
or similar, is the language of the General Assembly in one of the resolu- 
tions in IGBS, in answer to the King's commissioners. (Ante, page 131.) The 
charier authorizes the General Assembly, without any qualification, " lo 
choose, nominate, and appoint, such and so many other persons as they 
shall think fit., and shall be willmg to accept the same, to be free of the said 
company and body politic, and them into the same to admit." 



136 Doc. No. 225. 

At the session of the General Assembly at Newport on the third Tuesday 
in August, A. D. 1746, was passed the following act : 

"AN ACT directing the manner of admitting freemen, and for preventing bribery and cor- 
ruption in the election of public oflicers in this colony." 

"Whereas the manner of admitting freemen in this colony is so lax, and 
their qualifications as to their cstatts so very low, that many persons are 
admitted who are possessed with little or no property ; and it being greatly 
to be feared that bribery and corruption hath (by tlie encouragement oi 
evil-minded persons, and by reason of such necessitous persons being ad- 
mitted freemen) spread itself in this government, to the great scandal 
thereof, so that the election of public officers hath been greatly influenced 
thereby; and as the law already made hath been found altogether in- 
effectual to prevent the same, 

'■^ Be it therefore enacted by the General Assembly^ and by the authority 
of the same, That from and after the publication of this act, no person 
whatsoever shall be admitted to vote or act as a freeman in any town meet- 
ing in this colony, or at the general election, but such only who, at the 
time of such their voting or acting as freemen, are really and truly pos- 
sessed of lands, tenemenis, or hereditaments, within this colony, to the full 
value of four hundred pounds, or which shall rent for twenty poimils per 
annum, being their own free estate, or the eldest son of such a freeholder. 
And that no person whatsoever shall hereafter be adn)itted free of any town 
in this colony without being possessed of a freehold to the value above 
said, or the eldest soi^ of such a freeholder. And before they are admitted 
they shall be proposed to the town meeting of such town at least three 
months before such their admission. And in case i\x\y dispute shall arise, 
in respect to the value of such freehold, the same shall be determined by 
two persons, to be annually chosen by the town meetings of such respective 
town, and to be under oath for that purpose." — Digest of 1752, page 12. 

The residue of this act, consistino: of several sections, contains various 
provisions for preventing frauds and bribery and corruption in elections. 

In the Digest of 1767, page 7S, is an aci entitled " Ati act regulating the 
manner of adniittinff frfcmen, and dircctino: the method of electing^ officers 
in this colony." 

This act has, in its margin, the dates of 1760, 1761, 1762, and cont^Jus 
similar provisions, as to llie admission of freemen, as the laws already 
quoted ; but the value of the freehold required for such admission and for 
voting, instead of four hundred pounds, or the yearly value of twenty 
pounds, as by the act of 1746, is by this act chan<^ed " to the full value of 
forty pounds, or which shall rent for forty shillings per annum." 



Thus stood the law of Rhode Island, in relation to the right of sufTraire, 
previously to, and at the time of, the Declaration of Independence, in July 
1776, by the Congress of the United States. 

This declaration has been appealed to by the asserlors of the '-largest 
liberty," as working wonders in the internal ore^aiiization of the colonics, 
as dissolving the charter and povernment of Rhode Island, and reducinj{ 
society to its original elements. Such idle fjxncies, such wild theories, were 
not entertained by the statesmen of '76, or by those men of Rhode Island 



Doc. No. 225. 137 

who sent iheir deleo-afes to the Congress of the United States which de- 
clared tliis independence. These deleij;ntes were chosen by the General 
Assembly of Rhode Island, acting nnder their charter as their constitution 
of o^overnment ; and iitile did this General Assembly deem that, in dele- 
gating this autliority to Hopkins and Elleiy, they were destroying their own 
authority or the authority of their constituents ! 

Strange indeed would it be, if in a declaration of independence, which 
sets forth the causes of complaint against the King of Great Britain, which 
impell( d the colonies to this dt'claration, and justified them in so doing, 
and which, among these complaints, alleges as one cause — "for taking 
away our charters, abolishing our most valuable laws, and altering funda- 
mentally ihe lorms of our governments ;" — strange indeed, if it could have 
been supposed by the statesuien and patriots who signed this declaration, 
that by this declaration they took "away our charters, abolished our most 
valuable laws, and altered fundamentally the forms of our government," in 
reference to our internal organization ! 

But Rhode Island does not date her independence as a State from the 
declaration of the thirteen Utiiled States in Congress assembled, on tlie 4th 
day of July, 1776. Possessing under their charter, as we have seen, a de- 
mocratic form of government, the freeujen of Rhode Island impatiently 
submitted to oppression— these "aristocratic landholders," (as they have 
been termed by the demagogues of these degenerate days) — these vassals of 
a king, (as the men of Rhode Island have been represented, to suit the pur- 
poses of a party,) swept from their State every vestige of royalty, and de- 
clared their own independence, two months before the Declaration of 
American Independence by the Congress of the United States. 

Read, ye slanderers of tlie freemen of Rhode Island ! read the following 
act of tfie General Assembly of Rhode Island, passed at their session on the 
first Wednesday in May, A. D. 1776, and confess your ignorance of the 
institutions, freedom, and history of Rhode Island : 

" AN ACT repealing an aci entitled ' An act for the more effectually securing to his Majesty 
the nlleijiani eoi" his t^ubjects in this hiscoluny and dominion of Rhode I>land and Piovidence 
Planiaiiims,' and altering the forms of commissions ot all writs and processes in the courts, 
and of the oath prescribtd by law. 

" Whereas in all States existing by compact, protection and allegiance 
are reciprocal, the latter being only due in consequence of the former; and 
whereas George the Third, King of Great Britain, forgetting his dignity, 
regardless of the compact most soleninly entered into, ratified and confirmed 
to the inhabitants of this colony by his illustrious ancestors, and till of late 
fully recognised by him, and entirely departing from the duties and char- 
acter of a good king, instead of protecting, is endeavoring to destroy the 
good peo{)le of this colony, and of all the united colonies, by sending fleets 
and armies to America to confiscate our property, and spread fire, sword, 
and desolation throughout our country, in order to compel us to submit to 
the most debasing and dttestable tyranny, whereby we arc obliged by ne- 
cessity, and it becomes our highest duty, to use every means with which 
God and nature have furtiished us. in support of our invaluable rights and 
privileoi's, to oppose that power which is exerted only for our destruction : 

" Be it therefore enacted by this General Asseuibly, and by the author ity 
thereof it is enacted, That an act entitled 'An act for the more effectual 
securing to his Majesty the allegiance of his subjects in this his colony and 



138 Doc. No. 225. 

dominion of Rhode Island and Providence Plantations,' be, and the same is 
hereby, repealed. 

" And bo it further enacted by this Gefiercd Assembly, and by the au- 
thnritij thereof it is enacted.^ That in all commissions for offices, civil and 
military, and in all writs and processes in law, whether orioinal. judicial 
or executory, civil or criniinal, wherever the name and authority of the 
said King is made use of, the same shall be omitted, and in the mom there- 
of, the name and authority of the Governor and Company of this colony 
shall be substituted in the following- words, to wit : The Governor and 
Company of the English colony of Rhode Island and Providence Planta- 
tions. 'That all such commissions, writs, and processes, shall be otherwise 
of the same form and tenure as ihey heretofore were. That the courts of 
law be no longer entitled nor considered as the King's courts. And that 
no instrument in writing, of any nature or kind, whether public or private, 
shall, in the date thereof, mention the year of the said King's reign : Prn- 
vided nevertheless, That nothing in this act contained shall render void or 
vitiate any commission, writ, process, or instrument, heretofore made or 
executed, on account of the name and authority of the said King* being 
therein inserted. 

^^Aiid be it further enacted by the authority aforesaid.. That the oaths 
or engagements to be administered to the officers appointed in this colony, 
shall be as follows to wit : 

'•'•General Officers. 

"You being, by the free vote of the freemen of this colony of 

Rhode Island and Providence Plantations, elected unto the place of 
do solemnly engage to be true and faithful unto this said colony, and in 
your said office equal justice to do unto all persons, poor and rich, within 
this jurisdiction, to the utmost of your skill and ability, without partiality, 
according to the laws established, or that may be established by the General 
Assembly of this colony, as well in matters military as civil; and this en- 
gagement you make and give upon the peril of the penalty of perjury." 



By the above act all allegiance to the King of Great Britain is disowned, 
and the law which secured it, repealed ; the King's name struck out of all 
writs and processes, and the name of the Governor and Company substi- 
tuted ; and the name of the King discarded from all private or public doc- 
uments; the courts declared to be no longer " the King's courts," and the 
oath of allegiance to the King abolished, and an oath substituted, of fidel- 
ity to the colony, and to the laws enacted by the General Assembly.* 

Thus did the people of Rhode Island in May, 1776, throw off their al- 
legiance to the Kmg of Great Britain, holding on at the same time to that 
fortn of government under their charter, which liad been so long and de- 
servedly dear to them. 



♦The published schedules of the proceedings of the Gr neral Assembly at each session, pre- 
viously 10 the session of May, 177G, conclnded with ihe words " God save the Kin^'" — in capi- 
tals. The schedule of May session, 177H, and of June session, 177H, conclude wiih the words 
"God nave the United Colonies,^' in the place of '^ God save Ihe Kini;." After July, 1776, they 
conclude with " God save the United States of America." 



Doc. No. 225. 139 

Hut we have one other document which puts the seal of reprobation upon 
iheee new fani^led doctrines as applied to what has been called, hy way of 
derisiorj, the '-Charter Government" of Rhode Island, and which have been 
iiiftrrad from the declaration of American independence on the 4th of 
July, 177(3. 

The delegates from Rhode Island to the Congress which declared this 
independence, were chosen by the General Assembly of Rhode Island, de- 
rivino^ all their authority from this glorious charier. The inference from 
this would be sufficient to show that these delegates, by signing the decla- 
ration of independence, had no authority to destroy) or in any manner to 
weaken, the government from wlience they derived their authority. Tliey 
were not sent for any such [jurpose, nor did they dream tlialthey were act- 
ing for any such purpose, but, on the contrary, that they were doing all 
that they could to secure those "rights and liberties" to the people of Kliode 
Island which they had so long enjoyed under this charter. 

But we are not left to inference and conjecture on this subject. The 
commission and instruction to Stepiien Hopkins and William Ellery, es- 
quires, the delegates of Rhode Island to the Congress of '76, are on record, 
and speak for themselves. They emanated frouj the same General Assem- 
bly, at the same session in May, 177(3, which purged Rhode Island from 
every semblance of roywlty. 

Here they are : 

" Instructions to the delegates. 

"The Governor and Company of the English colony of Rhode Island 
and Providence Plantations, in General Assembly convened, to Stephen 
Hopldns and William Ellery, esquires, greeting: 

'•Whereas this Assembly, reposing special trust and confidence in your 
abilities and integrity, have appointed you, the said Stephen Hopkins and 
William Ellery, delegates to represent this colony in General Cor-gress ; 
you are therefore hereby empowered to join with the delegates of the other 
united colonies in Congress at Philadelphia, as soon as conveniently may 
be, or at such time and place as shall be agreed upon by the mnjor part of 
the delegates from the said colonies. 

"You are also authorized and empowered to consult and advise with the 
delegates of the said colonies in Congress upon the most proper measures 
for promoting and confirming the strictest union and confederation between 
the said united colonies, for exerting their whole strength and force to an- 
noy the common enemy, and to secure to the said colonies their rights and 
liberties, both civil and religions. Whether by entering into treaties with any 
prince, state, or potentate, or by such other prudent and effectual ways and 
means as shall be dt-vised and agreed upon. And in conjunction with the 
delegates from the said united colonies, or the major part of them, to enter 
into and adopt all such measures, taking the greatest care to secure to this 
colony, m the strongest and most perfect manner, its present established 
form, and all the powers of government, so far as relate to its internal po- 
lice, and conduct of our own afTairs, civil and religious. 

"You are also instructed and directed to exert your utmost abilities in 
carrying on this just and necessary war in which we are engaged, against 
cruel and unnatural enemies, in the most vigorous manner, until peace shall 
be restored to the said colonies, and their rights and liberties secured upon 
a solid and permanent basis. 



140 Doc. No. 225. 

" Yon are also empowered to join with the major part of the delegates of 
the said united colonies, in adjourning from time to lime, and to such 
place or places, as shall be thought proper, for and during one year. 

'' You liave it in express charge to make immediate apphcation to Con- 
gress to put the colony brigade upon the continental establishment, and to 
defray the expenses of it from the first enlistment of the troops, as that 
number is indispensably necessary for the defence of the colony, which is 
utterly unable to support them. 

"And as it may happen that, from sickness, or other necessary causes, one 
of you may be absent from Congress; in all such cases, the other is hereby 
as fully empowered to represent the colony, as though both were present 
and agreed in sentiment. 

"The committee appointed for that purpose, having reported the fore- 
goino" instructions to the delegates to represent this colony in Congress, 
which being considered, it is voted and resolved, that the same be and here- 
by are approved." 



Such was the prudence and care with which our fathers excluded every 
conclusion that, from the acts of their delegates in Congress of 177(5, any- 
thing might be inferred which could affect, in any manner, their "estab- 
lished form and powers of government relating to their internal police, and 
conduct of tlieir own affairs, civil and religious." 

We have departed somewhat from the cider of lime in giving the decla- 
ration of Rhode Island independence, and the instructions lo ilieir dele- 
gates, in May, 1770. We have done so, as connected widi the topics grow- 
ing out of the declaration of American independence, to which we alluded, 
and for the vindication of a people whose lot it has been to be much mis- 
understood and misrepresented. 

There are other documents, connected with our revolutionary history, of 
which Rhode Island hos no reason to be ashamed. We shall go back a 
little, to introduce some of the acts of the General Assembly of Rhode Island, 
representing and speaking in behalf of the people of Rhode Island, to show 
in what manner the people of Rhode Island sent delegates to the first Amer- 
ican continental Congress, and with what a patriotic spirit they co operated 
in those measures which ultimately led to American freedom and inde- 
pendence. God grant that, through our thoughtlessness or degeneracy, our 
lathers may not have toiled and bled in vain! 



The following are resolutions of the General Assembly of Rhode Island, 
held at Newport, on the second Monday in June, 1774 : 

"Resolutions respecting- the alarming situation of the colonies. 
" This Assembly, taking into the most serious consideration several acts 
of the British Parliament for levying taxes upon his Majesty's subjects in 
America, without their consent, and particularly an act, lately passt d, for 
blocking up the port of Boston ; which act, even upon the supposition that 
the people of Boston had justly deserved punishment, is scarcely to be par- 
alleled in history, for the severity of the vengeance executed upon theraj 



Doc. No. 225. 141 

and also considering to what a deplorable state this and all the other colo- 
nies are reduced, when, by an act of Parliament, in which the subjects in 
America have not a single voice, and without being heard, they may be di- 
vested of property, and deprived of liberty — do, upon mature deliberation, 
resolve: 

" 1st. That it is the opinion of this Assembly, that a firm and inviolable 
union of all the colonies, in councils and measures, is absolutely necessary 
for ihe preservation of their rights and liberties; and that, for that purpose, 
a convention of representatives from all the colonies ought to be holden 
in some suitable place, as soon as may be, in order to consult upon proper 
measures to obtain a repeal of the said acts, and to establish the rights and 
liberties of the Uolonies upon a just and solid foundation. 

*' 2d. That the Hon. Stephen Hopkins, and the Hon. Samuel Ward, es- 
quires, be, and they are hereby, appointed by this Assembly to represent the 
people of this colony, in a General Congress of representatives from the 
other colonies, at such time and place as shall be agreed upon by the major 
part of the committees appointed, or to be appointed, by the colonies in 
general. 

"3d. That they consult and advise with the representatives of t'e other 
colonies, who shall meet in such Congress, upon a lawful and dutiful peti- 
tion and remonstrance, to be presented to his Majesty, as the united voice 
of his faithhil subjects in America, setting forth the grievances they labor 
under, and praying his gracious interposition for their relief; and that in 
case a major part of the representatives of all the colonies shall agree upon 
such petition and remonstrance, they be empowered to sign the same 
in behalf of this colony. 

"4th. That they also consult and advise upon all such reasonable and 
lawful measures as may he expedient for the colonies, in a united manner, 
to pursue, in order to procure a redress of their grievances, and to ascertain 
and establish their rights and liberties. 

"5ih. That they also endeavor to procure a regular annual convention 
of representatives from all (he colonies, to consider of proper meauii for the 
preservation of the rights and liberties of the colonies. 

'• 0th. That the Speaker of the lower House transmit, as soon as may 
be, copies of these resolutions to the present or late Speakers of the respect- 
ive Houses of Representatives of all the British colonies upon the conti- 
nent." 



The first American Continental Congress met at Philadelphia on the 5th 
of September, A. D. 1774. 

On the first Monday of December, 1774, the General Assembly of Rhode 
Island voted and resolved, as follows : 

"7^ is voted and resolved, That the Hon. Stephen Hopkins, esq., and the 
Hon. Samuel Ward, esq., be, and they are hereby, chosen and appointed 
delegates to represent this colony at the Continental Congress, to be holden 
at Philadelphia on the lUth day of May, 1775. 

"/(f is voted and resolved, That Henry Marchant,esq,, Mr. Joseph Brown, 
and William Ellery, esq., be, and they are hereby, appointed a committee to 
draw up instructions to be given to the delegates appointed to represent this 
colony in General Congress, and lay the same before this Assembly. 



142 Doc, No. 225. 

Instructions to the delegates appointed to represent this colony in the Gen- 
eral Congress. 

" Whereas the American Continental Congress, held in the city of Phila- 
delphia, on the olh day of September last, recomniencJed to the several col- 
onies to choose deputies, as soon as possible, to attend a General Congress 
to be 1, olden on the lUth day of May next, in the said city of Ptiilcidelphia, 
unless the redress of American grievances be obtained l)elbre that time: 
and whereas this Assembly, having the greatest regard to the recommenda- 
tion aforesaid, and being deiermined lo co operate with the other colonies 
in every proper measure for obtaining a redress of the grievances, and es- 
tablishing the rights and liberties of all the colonies upon an equitable and 
permanent foundation, have unanimously chosen and appointed the Hon. 
Stephen Hopkins, esq., and the Hon. Samuel Ward, esq., delegates to rep- 
resent this colony : It is therefore unanimously voted and resolved, 

" 1st. That the said Stephen Hopkins and Samuel Ward, esqs., be, and 
they are hereby, fully authorized and empowered to represent this colony 
in a General Congress of delegates or representatives of the several colo- 
nies, to be holden at the time and place abovementioned, or at such other 
time and place as shall be agreed upon by the major part of the comnjittees 
from the several colonies. 

" 2d. That they be, and hereby are, fully authorized and empowered to 
consult and advise with the representatives of the other colonies, and, in 
conjunction with them, or the major part of them, to enter into and adopt, 
in behalf of this colony, all reasonable, lawful, and proper measures for the 
support, defence, protection, and security of the rights, liberties, and privi- 
leges, both civil and religious, of all the said colonies, or any of them. 

"od. That they be, and hereby are, authorized and empowered to ad- 
journ, from time to time, and at any time, within the space of one year, to 
be computed from the said lUth day of May next, and at any place which 
they shall think proper. 

"4th. That they be. and hereby are, directed to endeavor to procure a 
regular annual convention of delegates or representatives from all the col- 
onies, to be holden at such time and place as shall be by the delegates 
agreed upon, for the promotion and establishment of the peace, welfare, and 
security of the said colonies." 



At the session of the General Assembly in June 1775, an act was passed 
repealing "An act for regulating appeals to his Majesty in council in Great 
Britain." 

At a session of the General Assembly in August, 1775, instructions were 
sent by the General Assembly to the delegates from Rhode Island to the 
Continental Congress, in which, among other things, they say: 

"And as every principle, divine and human, require us to obey that great 
and fundamental law of nature — self preservation — until peace shall be re- 
stored upon constitutional principles, this colony will most heartily exert 
the whole power of Government, in conjunction with the other colonies, for 
carrying on this just and necessary war, and bringing the same to a happy 
issue. And amongst other measures for obtaining this most desirable pur- 
pose, this Assembly is persuaded that the building and equipping an Amer- 



Doe. No. 225. 143 

icnn fleet, as soon as possible, would greatly and essentially conduce to the 
preservation of the lives, hberty, and property of the good people of these 
colonies, and therefore instruct their delegates to use their whole influence 
at the ensuing Congress for building, at the continental expense, a fleet of 
sufficient force for the protection of these colonies, and for employing them 
in such manner and places as will most efl'ectually annoy our enemies, and 
contribute to the coinmoa defence of these colnnies; and they are also in- 
structed to use all tlieir influence for carrying on the war in the njost vigor- 
ous manner, until peace, liberty, and safety be restored and secured to these 
colonies upon an equitable and permanent basis." 



The declaration, in effect, of Rhode Island independence, and the in- 
structions to the Rhode Island delegates in Congress, who signed the decla- 
ration of American independence, passed at the May session, 1776, are 
already given. (Page 137 el seq.) 



At their July session, 1776, the General Assembly approved of the decla- 
ration by Coi]gress of the independence of the States in the manner fol- 
lowing: 

"State of Rhode Island and Phovidence Plantations, 

"7/< General Assembly^ Jul// session, 1776. 
"This General Assembly, taking into the most serious coHsideration the 
resolution of the most honorable the General Congress of the United States 
of America, of the 4th instant, declaring the said States free and independ- 
ent States, do approve the said resolution ; and do most solemnly engage 
that we will support the said General Congress, in the said resolution, with 
our lives and fortunes." 



"State of Rhode Island and Providence Plantations, 

"7« General Assembly^ July 19, 1776. 

"7^ is voted and resolved^ That the resolution of the General Congress, 
declaring the united colonies free and independent States, and the act of 
this Assembly approving said resolution, be published by the Secretary to- 
morrow, in Newport, at 12 o'clock, in presence of both Houses of the Gen- 
eral Assembly ; that thirteen cannon be discharged at fort Liberty, upon 
reading the said proclamation ; and that the brigade be drawn up on the 
parade in thirteen divisions, and, immediately after the discharge of the 
cannon, make a discharge of musketry — each division firing one volley in 
succession. 

"■It is further voted and resolved. That the said resolution and act be pub- 
lished in Providence, on Thursday next, ct 12 o'clock, in such manner as 
his honor the Governor shall think fit; and that thirteen cannon be dis- 
charged on the occasion. 

^^And it is further voted, and resolved, That the said resolution and act 
be read in the several town meetings to be holden on the last Tuesday in 
August next; and that the Secretary seasonably furnish the necessary 
copies." 



144 Doc No. 225. 

In Febrnary, 1778, the General Assembly of Rhode Island, havinor taken 
into consideration the proposed articles of confederation and perpetual union 
between the States, instructed their delegates to propose certain amend- 
ments to the same, to be entered on the records of Congress if not adopted,* 
and at the snme time authorized their delegates to sign the said articles of 
confederatinn, in behalf of Rhode Island, in the manner following: 

"This Assembly having taken into consideration the articles of confed- 
eration and perpetual union between the States of New Hampshire, Massa- 
chusetts Bay, Rtiode Island and Providence Plantations, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caro- 
lina, South Carohna, and Georgia, transmitted by Congress to this State; and 
having had them repeatedly read, and luiving maturely weighed and most 
seriously deliberated uf)on them, as their importance to this and the other 
States and to posterity deserves ; and considering also the pressing necessity 
of completing the Union as a measure essential to the preservation of the 
independence and safety of the said States: 

"Z>o vote and resolve, and it is voted and resolved, That the honorable 
Stephen Hopkins, esq., William Ellery, esq., and Henry Marchant, esq., the 
delegates to represent this State in Congress, or any one (^f them, be, and 
they are hereby, fully authorized and empowered, on the part and belialf of 
this State, to accede to and sign the said articles of confederation and per- 
petual union, in such solemn form and manner as Congress shall think 
best adapted to a transaction so important to the present and future genera- 
tions: Provided, That the same be acceded to by eight of the other States. 
And in case any alterations in, or additions to, the said articles of confedera- 
tion and perpetual union shall be made by nine of the said States in Con- 
gress assembled, that the said delegates, or any one of them, be, and they 
are hereby, authorized and empowered, in like manner, to accede to and 
sign the said articles of confederation and perpetual union, with the altera- 
tions and additions which shall be so made. 

"if is further voted and resolved, That this Assembly will, and do here- 
by, in behalf of the said State of Rhode Island and Providence Plantations, 
in the most solemn manner, pledge the faith of the said State to hold and 
consider the acts of the said delegates, or any one them, in so acceding to 
and signing the said articles of confederation and perpetual union, as valid 
and binding upon the said State in all future time. 

^^And it is further voted and resolved, That a fair copy of this act be 
made and authenticated under the public seal of this State, with the signa- 
ture of his excellency the Governor, and be transmitted to the said dele- 
gates: and that the same shall be sufficient warrant and authority to the 
said delegates, or any one of them, for the purposes aforesaid." 

The second article of the " confederation" for the preservation of State 
rights, is in these words: 

"Art. 2. Each State retains its sovereignty, freedom, and independence, 
and every power, jurisdiction, and right, which is not by this confederation 
expressly delegated to the United States in Congress assembled." 

• See Laws of U. S., edition of 1815, published under the authority of Congress, by Bioren 
& Duane ; vol. i, pages 20 to 28, containing " Proceedings incident to the ratiiicalion of the act 
ofcoafederation." 



Doc. No. 225. 145 

Documenls in relation to the adoption of the constitution of the United States. 

The convention which formed the constitution of the United States 
adopted the following resohition : 

" IN CONVENTION. 

" Monday, September 17, 1787. 

^'Resolved, That the preceding constitution be laid before the United 
States in Congress assembled ; and that it is the opinion of this convention 
that it should afterwards be submitted to a convention of delegates chosen 
in each State by the people thereof, under the reconmiendation of its Legis- 
lature, for their assent and ratification ; and that each convention assentmg 
to and ratifying the same, should give notice thereof to the United States in 
Congress assembled." 



Act of the General Assembly of Rhode Island calling a convention under 
the above resolution, passed at their January session, A. D. 1790. 

"AN ACT for calling a convention to take into consideration the constitution proposed for the 
Uuiied States, passed on the 17th of September, A. D. 1787, by the general convention held 
at Philadelphia. 

"^e it enacted by this Ge?ieral Assembly, and by the authority thereof 
it is hereby enacted. That the new constitution proposed for the United 
States, passed on the 17tli of September, A. D. 1787, by the general con- 
vention held at Pliiladelpliia, be submitted to the people of this State, repre- 
sented in a State convention, for their full and free investigation and decision 
agreeably to the resolve of the said convention; that it be recommended to 
the freemen of the several towns qualified to vote in the election of deputies 
to the General Assembly, to convene in their respective towns, in legal town 
meeting, on the second Monday in February next, and then to choose the 
same number of delegates as they are entitled to elect deputies to represent 
them in the said convention ; and that the said convention be holden at South 
Kingstown, on the first Monday in March next. 

"J/ic/ be it further enacted by the authority aforesaid, That the said 
convention be, and hereby is, empowered and fully authorized finally to 
decide on the said constitution, as they shall judge to be most conducive to 
the interests of the people o: this State, and that the said convention cause 
the result of their deliberations and proceedings relative to the aforesaid 
constitution to be transmitted to the President of the United States of 
America as soon after the rising thereof as may be. 

"/^ is voted and resolved, That his excellency the Governor be, and he 
is hereby, requested to transmit a copy of this act to the President of the 
United States immediately. 

"/i! is ordered, That the Secretary cause copies hereof to be transmitted 
to each town clerk in the State, without the least delay." 



This act, it will be seen, was passed by the General Assembly of Rhode 
Island. Yet it is said that there was no way, under the charter of Rhode 
10 



146 Uoc. No. 225. 

Island, for the calling a convention to make a constitution. If so, by what 
authority did the Rhode Ishmd convention adopt the constitution of the 
United States? 

Again : it will be observed that this act of the Assembly calls upon " the 
freemen of Rhode Island who were qualified to vote for members of the 
Geupral Assembly," as the "legal people" who were to constitute the con- 
vention which was, "in the name of the people of Rhode Island," to adopt 
or reject the constitution of the United IStdtes. 

The resolution of the convention which formed the constitution of the 
United States, which required that it should be laid before Congress, and, 
"in the opinion of this convention, submitted to a convention of delegates 
chosen in each State by the people thereof, under the recommendation of 
its Legislature;" the resolution of Congress on the 2Sth of September, 1787, 
by which they resolved to tmnsmit "the report, resolutions, and letter of 
the said convention to the several Legislatures, to be submitted to a con- 
vention of delegates chosen in each State by the people thereof, in con- 
formity to the resolves of the convention," and the proceedings in each 
State thereupon; and the subsequent resolutions of Congress declaring the 
constitution ratified by the States, constitute a body of constitutional law in 
relation to constitution-making, which is entitled to as much reverence as 
the constitution itself The character of the men who composed the con- 
vention which formed this constitution, and who composed the Congress 
which determined the question of its ratification, gives to these precedents 
a weight of authority from which no wise man would desire to appeal. 

We now subjoin the ratification of the constitution of the United States 
by the people of Rhode Island. 

On the 16th of June, 1790, the following ratification, by the State of 
Rhode Island, was communicated to Congress : 

" RHODE ISLAND. 

[The constitution of the United States of America precedes the following ratification.] 

^^Ratification of the constitution by the convention of the State of Rhode 
Jsland and Providence Plantations. 

" We, the delegates of the people of the State of Rhode Island and Provi- 
dence Plantations, duly elected and met in convention, having n)aturely 
considered the constitution for the United States of America, agreed to on 
the seventeenth day of September, in the year one thousand seven hun- 
dred and eighty-seven, by the convention then assembled at Philadelphia, 
in the Commonwealth of Pennsylvania, (a copy whereof precedes these 
presents,) and having also seriously and deliberately considered the present 
situation of this State, do declare and make known — 

"I. That there are certain natural rights, of which men, when they form 
a social compact, cannot deprive or divest their posterity; among which are 
the enjoyment of life and liberty, with the means of acquiring, possessing, 
and protecting property, and pursuing and obtaining happiness and safety, 

"II. That all power is naturally vested in, and consequently derived 
from, the people; that magistrates, therefore, are their trustees and agents, 
and at all times amenable to them. 

"III. That the powers of government may be reassumed by the people 
whensoever it shall become necessary to their happiness; that the rights of 



Doc. No. 225. 147 

the States, respectively, to nominate and appoint till State officers, and every 
other power, jurisdiction, and right, which is not by the said constitution 
clearly delegated to the Congress of the United States, or to the departments 
of government thereof, remain to the people of the several States, or their 
respective Stale Governments, to whom they may have granted the same; 
and that those clauses in the said constinition which declare that Congress 
shall not have or exercise certain powers, do not imply that Congress is 
entitled to any powers not given by tlie said constitution, but such clauses 
are to be construed either as exceptions to certain specified powers, or as 
inserted merely for greater caution, 

'•IV, That religion, or the duty which we owe to our Creator, and the 
manner of discharging it, cati be directed only by reason and conviction, 
not by force or violence; and, therefore, all men have an equal, natural, and 
unalienable right to the free exercise of religion according to the dictates of 
conscience; and that no particular religion, sect, or society, ought to be fa- 
vored or established by law, in preference to others, 

"V. That the legislative, executive, and judiciary powers of government 
should be separate and distinct; and that the members of the two first may 
be restrained from oppression, by feeling and participating the public bur- 
dens, they should at fixed periods be reduced to u private station, return 
into the mass of the people, and the vacancies be supplied by certciin and 
regular elections, in which all or any part of the former members to be 
eligible, or ineligible, as the rules of the constitution of government and the 
laws shall direct. 

" VI. That elections of representatives in the Legislature ought to be 
free and frequent ; and all men having sufficient evidence of permanent 
common interest with, and attachment to, the commiuiiiy, ought to have 
the right of suffrage; and no aid, charge, tax, or fee can be set, rated, or 
levied upon the people without their own consent, or that of their repre- 
sentatives so elected, nor can they be bound by any law to which they 
have not in like manner assented for the public good, 

'•VII. That all power of suspending laws, or the execution of laws, by 
any authority, without the consent of the representatives of the people in 
the Legislature, is injurious to their rights, and ought not to be exercised. 

" VIII. That in all capital and criminal prosecutions, a man hath a right 
to demand the cause and nature of his accusation, to be confronted with 
the accusers and witnesses, to call for evidence and be allowed counsel in 
his favor, and to a fair and speedy trial by an impartial jury of his vicinage, 
without whose unanimous consent he cannot be found guilty, (except in 
the government of the land and naval forces,) nor can he be compelled to 
give evidence against himself 

" IX. That no freeman ought to be taken, imprisoned, or disseized of his 
freehold, liberties, privileges, or franchises, or outlawed or exiled, or in 
any manner destroyed or deprived of his life, liberty, or property, but by 
the trial by jury, or by the law of the land. 

" X. Tliat every freeman restrained of his liberty is entitled to a remedy, 
to inquire into the lawfulness thereof, and to remove the same if unlawful, 
and that such remedy ought not to be denied or delayed. 

'• XI. That in controversies respecting property, and in suits between 
man and man, the ancient trial by jury, as hath been exercised by us aiid 
our ancestors, from the time whereof the memory of man is not to tlie con- 



148 Doc. No. 225. 

trary, is one of the greatest securities to the rights of the people, and otight 
to remain sacred and inviolable. 

" XII. That every freeman ought to obtain right and jnstice, freely and 
without sale, completely and without denial, promptly and without delay; 
and that all establishments or regulations contravening these rights are 
oppressive and unjust. 

" XIII. That excessive bail ought not to be required, nor excessive fines 
imposed, nor cruel or unusual punishments inflicted. 

"XIV. Tiiat every person has a right to be secure from all unreasonable 
searches and seizures of his person, his papers, or his property ; and, there- 
fore, that all warrants to search suspected places, or seize any person, his 
papers, or his property, without information upon oath, or affirmation of 
sufficient cause, are grievous and oppressive ; and that all general warrants 
(or such in which the place or person suspected is not particularly desig- 
nated) are dangerous, and ought not to be granted, 

"XV. That the people have a right peaceably to assemble together to 
consult for their common good, or to instruct their representatives ; and 
that every person has a right to petition or apply to the Legislature for 
redress oi grievances. 

" XVI. Tiiat the people have a right to freedom of speech, and of writing 
and publishincr their sentiments. That freedom of the press is one of the 
greatest bulwarks of liberty, and ought not to be violated. 

" XVII. That the people have a right to keep and bear arms ; that a well- 
regulated militia, including the body of the people capable ol bearing arms, 
is the proper, natural, and safe defence of a free State ; that the militia 
shall not be subject to martial law, except in time of war, rebellion, or in- 
surrection ; that standing armies, in time of peace, are dangerous to liberty, 
and ought not to be kept up, except in cases of necessity; and that at all 
times the military should be under strict subordination to the civil power; 
that, iw time of peace, no soldier ought to be quartered in any house with- 
out the consent of the owner, and, in time of war, only by the civil magis- 
trate, in such manner as the law directs. 

"XVIII. That any person religiously scrupulous of bearing arms ought 
to be exempted upon payment of an equivalent to employ another to bear 
arms in his stead. 

" Under these impressions, and declaring that the rights aforesaid can- 
not be abridged or violated, and that the explanations aforesaid are con- 
sistent with the said constitution, and in confidence that the amendments, 
hereafter mentioned will receive an early and mature consideration, and, 
conformably to the fifth article of said constitution, speedily become a part 
thereof — we, the said delegates, in ihe name and in the behalf of the people 
of the State of Rhode Island and Providence Plantations, do by these 
presents assent to and ratify the said constitution. In full confidence, 
nevertheless, that until the amendments hereafter proposed shall be agreed 
to and ratified, pursuant to the aforesaid fifth article, the militia of this 
State will not be continued in service out of this State for a longer term 
than six weeks, without the consent of the Legislature thereof; that the 
Congress will not make or alter any regulation in this State respecting the 
times, places, and manner of holding elections for Senators or Representa- 
tives, unless the Legislature of this State shall neglect or refuse to make 
laws or regulations for the purpose, or from any circumstance be incapable 
of making the same, and that in those cases sach power will only be exer- 



Doc, No. 225. 149 

cised until the Legislature o( tliis State shall make provision in the prem- 
ises ; that the Congress will not lay direct taxes within this Stale, but 
when the moneys arising from the impost, tonnage, and excise shall be 
insufficient for the public exigencies, nor until the Congress shall have 
first made a requisition upon this State to assess, levy, and pay the amount 
of such requisition, made agreeable to the census fixed in the said consti- 
tution, in such way and manner as the Legislature of this State shall judge 
best, and that the Congress will not lay any capitation or poll tax." 

" Done in convention at Newport, in the county of Newport, m the State 
of Rhode Island and Providence Plantations, the twenty ninth day of May, 
in the year of our Lord one thousand seven hundred and ninety, and 
in the fourteenth year of the independence of the United States of America. 

"By order of the convention, 

" DANIEL OWEN, President. 

"Attest: Daniel Updike, Secretart/" 

" And the convetition do, in the name and behalf of the people of the 
Slate of Rhode Island and Providence Plantations, enjoin it upon their 
S'^nators and Representative or Representatives, which may be elected to 
represent this State m Congress, to exert all their influence, and use ail 
reasonable means, to obtain a ratification of the folio \ving amendments to 
the said constitution, in the manner prescribed therein, and in all laws to 
be passed by the Congress in the mean time, to conform to the spirit of the 
said amendments, as far as the constitution will admit: 

" AMENDMENTS. 

"I. The United States shall guaranty to each State its sovereignly, free- 
dom, and independence, and every power, jurisdiction, and right, which 
is not by this constitution expressly delegated to the United States. 

"II. That Congress shall not alter, modify, or interfere in the times, 
places, or manner of holding elections for Senators and Representatives, or 
either of them, except when the Legishtture of any State shall neglect, 
refuse, or be disabled'by invasion or rebellion, to prescril)e the same; or in 
case when the provision made by the Stale is so imperfect as that no con- 
secjuent election is had, and then otily until the Legislature of such State 
shall make provision in the premises. 

" III. It is declared by the convention that the judicial power of the 
United States, in cases in which a Stale may be a party, does not extend 
to criminal prosecutions, or to authorize any s<iit by any person against a 
State ; but, to remove all doubts or controversies respecting the same, that 
it be especially expressed, as a part of the constitution ofthe United Slates, 
that Congress shall not, directly or indirectly, either by themselves, or 
through the judiciary, iuterf(;re with any one of the States, in the redemp- 
tion of paper money already emitted, aiid now in circulation, or in liqui- 
dating or discharijing the public securities of any one State; that each and 
every State shall have the exclusive right of making such laws and regula- 
tions for the before-mentioned purpose as they shall think proper. 

"IV. That no amendments to the constitution of the United States, 
hereafter to be made pursuant to the fifth article, shall take effect, or be- 
come a part of the constitution of the United States, after the year one 
thousand seven hundred and nuiety three, without the consent of eleven 
of the States heretofore united under the confederation. 



150 Doc. No. 225. 

"V. That the judicial powers of the United States shall extend to no 
possible case where the cause of action sliali have originated before the 
ratification of this constitution ; except in disputes between States about 
their territory, disputes between persons chiiming lands under grants of 
different States, and debts due to the United States. 

" VI. That no person shall be compelled to do military duty otherwise 
than by voluntary enlistment, except in cases of general invasion ', any 
tiling in the second paragraph of the sixth article of the constitution, or 
any law made under the constitution, to the contrary notwithstanding. 

" VII. That no capitation or poll tax shall ever be laid by Congress. 

"VIII. In cases of direct taxes. Congress shall first make requisitions on 
the several States to assess, levy, and pay their respective proportions of 
such requisitions, in such way and manner as the Legislatures of the 
several States shall judge best: and in case any State shall neglect or refuse 
to pay its proportion pursuant to such requisition, then Congress may 
assess and levy such Slate's proportion, together with interest at the rate 
of six per cent, per annum, from the time prescribed in such requisition. 

" IX. That Congress shall lay no direct taxes without the consent of the 
Legislatures of three fourtlis of the States in the Union. 

"X. That the journals of the proceedings of the Senate and House of 
Representatives shall be published, as soon as conveniently may be, at 
least once in every year ; except such farts thereof relating to treaties, 
alliances, or military cperatioiis, as in their judgment require secrecy. 

"XI. That regular statements of the receijits and expenditures of all pub- 
lic moneys shall be published at least once a year. 

" XII. As standing armies in time of peace are dangerous to liberty, and 
ought not to be kept up except in cases of necessity; and as, at all tiines, 
the military should be under strict subordination to the civil power, that, 
therefore, no standing army or regular troops shall be raised or kept up in 
time of peace. 

"XIII. That no moneys be borrowed on the credit of the United States, 
without the assent of two thirds of the Senators and Representatives pres- 
ent in each House. 

"XIV. That the Congress shall not declare war without the concurrence 
of two thirds of the Senators and Representatives present in each House. 

" XV. That the words " without ihe consent of Congress," in the seventh 
clause in the ninth section of the first article of the constitution be ex- 
punged. 

"XVI. That no judge of the Supreme Court of the United States shall 
hold any other office- under the United States, or any of them; nor shall 
any officer appointed by Congress, or by the President and Senate of ihe 
United States, be permitted to hold any office under the appointment of any 
cf the States. 

"XVII. As a traffic tending to establish or continue the slavery of any 
part of the human species is disgraceful to the cause of liberty and hu- 
manity, that Congress shall, as soon as may be, promote and establish such 
laws and regulations as may effectually prevent the importation of slaves 
of every description into the United States. 

"XVIII. That the State Legislatures have power to recall, when they 
think it expedient, their federal Senators, and to send others in their stead. 

" XIX. That Congress have power to establish a uniform rule of inhabit- 



Doc. No. 225. 151 

ancy or settlement of the poor of the different Siates throughout the United 
Stales. 

"XX That Congress erect no company with exchisive advantages of 
commerce. 

"XXI. That when two members sliaU move or call for the ayes and 
nays on any question, tlicy shall be entered on the journals of the Houses 
respectively. 

<' Done in convention at Newport, in the county of Newport, in the State 
of Rhode Island and Providence Plantations, the twenty ninth day of May, 
in the year of our Lord one thousand seven hundred and ninety, and the 
fourteenth year of the independence of the United Slates of America. 

" By order of the convention. 

"DANIEL OWEN, President. 
*'Attest: Daniel Updike, StcrelaryP 

These delegates, chosen under an act of the General Assembly, by the 
freemen of Rhode Island, it will be observed, declared themselves to be 
"the deleofates of the pkople op thk State of Rhode Island and Provi- 
dence Plantations, duly elected^'' &c. This shows what they understood 
by "the people," in their declaration of rights. 

In regird to the right of suffras^e, concerning which they made a decla- 
ration, and which has been quoted by some of thi^se in Rhode Island who 
have contended for the ^'•largest, lib'rty,^' as being at variance wuh the laws 
of Rhode Island, it will be observed that it is far from countenancing the 
universal right, as existing in every man without respect to birth, country, 
character, or condition, but as belonging to "all men having suffirieyit. evi- 
dence of permaiien'. common interest with, and atiackment to, the cojnmu- 
nityP 

Wi)0 is to decide what is this ^^ sufficient evidence,^'' where there is a 
Govertmient? Is every man to decide it (or himself? Then, if a sufficient 
number of persons come into a State to constitute a majority of persons in 
such State, this new doctrine would give them a right, v/ithout reference to 
the laws of such State, or the time of their residence therein, to overturn 
the Government, " witliout law and against law." This may be the law of 
force, but it is anything but "constitutional freedom." 

The delegates of the people of Rhode Island in the aforesaid convention 
declared, as one of the rights of the people, " that all power oi suspending 
laws, or the execution of laws^ by any authority, without the consent 
of the representatives of the people in the Legislature, is injurious to their 
rights, and ought not to be exercised," 

Yet, without .such consent, and against the will of the people thus ex- 
pressed, (that is, in opposition to an act of the Legislature calling a conven- 
tion to form a constiiution.) was the (so called) " people's constituiion" gotten 
up, and attempted to be iniposed upon the people of Rhode Island, hy fraud, 
and by force! 

It will be observed that Rhode Island, in the amendments proposed to the 
constitution, in the very first, was careful to provide for the security of the 
rights of the Statts. It remains for her to see how these rights are to be 
respecied by those who are acting under, and derive all their power from, a 
constituiion which declares — 

*• The powers not delegated to the United States, by the constitution, nor 
prohibited by it to the Slates, are reserved to the States respectively, or to 
the people." 



152 Loc. No. 225. 

Such was the form of o;overnment under which Rhode Island sent her 
delegates to the first continental Congress ; such the form of government 
under which Rhode Island sent her delegates to the Congress of 1776, and 
untted with the other States in the declaration of their independence. Such 
was the form of government under which Rhode Island agreed to the arti- 
cles of confederation, and adopted that "more perfect union," the constitu- 
tion of the United States. In doing all this, she reserved to herself all 
rights as a State, not expressly delegated by the articles of confederation, and 
subsequently by the constitution. In adopting this constitution, she gave 
up what was to her of great importance. Small in extent, havmg: within 
lier territory none of the vacant lands which had been wresled from the 
British crown by the joint exertion of all the States, (and in this contest 
Rhode Island did much more than her proportion,) she had no available 
sources of revenue to any extent, but those arising from commerce ; and 
these she at length reluctantly surrendered. In doing this, she looked to 
the advantages secured to her by the constitution. For the security of her 
State rights she had an equal representation with the large States in the 
Senate of the United States; and, being a small State, she must have con- 
sidered as most valuable those provisions which secured her from domestic 
violence, and guarantied her repuhliran form of government. Little did 
she dream that the aid of Congress would be sought to encourage domestic 
and revohitionary violence; or that the form of her government, which was 
sufficiently republican for the patriots of 1776 and 1778, and the statesmen 
who formed the constitution of the United States, and which, in truth, was 
more democratic (the House of Representatives having been chosen under 
the charter tunce a year) than the constitutions of most of the other Slates, 
that this form of government would be denounced as auti republican! 
And surely the people of Rhode Island had little reason to anticipate such 
dangers, if they understood the constitution as its most able expounders and 
interpreters, the authors of ''/Ac Federalist." represented it to the people for 
the purpose of persuading them to adopt it. 

Mr. Madison, in the 43d numb-r of the Federalist, has stated, as with 
the spirit of prophecy, the very case which so recently occurred in Rhode 
Island, and which he states as a case in which " the federal authority ought 
to support the State authority." 

And in reference to the "guaranty to every State of a republican form 
of government," in the same number lie says : ",But the authority extends 
no further than to a g-uaranty of a repnblicajt.form of government, which 
supposes a pre existing government of the form which is to be guarantied. 
As long, therefore, as the existing republican forms are continued by the 
States, they are guarantied by the federal constitution. Whenever the States 
may choose to substitute other republican forms, they have a right to do so, 
and to claim the federal guaranty for the latter." But this substitution must 
be made under the sanction of the (stablished government, that the act 
may be lawful and authentic ; and not by revolutionary violence, from which 
the Government of the United States is bound to protect each State. 

We have shown, by the acts of the General Assembly, what have been 
the fundamental laws of Rhode Island in relation to the right of suffrage, 
enacted by the representatives of the people, with a perfect freedom, under 
the charter, to legislate upon this subject as they pleased, from 1663 to 



Doc. No. 225. 153 

1767; always requiring the person to be admitted ti freeman and a voter, to 
possess a "competent estate," of which the General Assembly were the 
judges, as tliey admitted the freemen by their own vote, orijiinaily, to the 
freedom of the colony. After a short time, the General Assembly gave 
power to the towns to admit persons to the freedom of the town, but still 
reserved to themselves the right of admittitjg persons to the freedotii of the 
colony. 

In 1723-'24 we have seen a freehold of £100 value was required, and 
that variq^is laws were enacted from this time to 1767, which changed the 
nominal value of the freehold from £400 to £40 — owing (as has been sup- 
posed, and most probably is the fact) to the difference between the real and 
the nominal value of the currency from time to time. 

The law of 1767 remained substantially the law of Rhode Island on this 
subject until 1798. In 1798, the General Assembly reviewed all their laws, 
(as they have been in the habit of doing every twenty or thirty years,) and 
published the Digest of 1798. In this Digest is "^w act regulating the 
niaiwer of a dinitling freemen^ and directing (he method of electing officers 
in this IStateP 

The two first sections of this act are as follows : 

"Skction I. Be it eiiacted by (he General Assembly, and by the au- 
thority thereof it is enacted, That the freemen of each respective town in 
this State, at any of their town meetings, shall, and they hereby have, full 
power granted them to admit so many persons, inhabitants of their re- 
spective towns, freemen of their towns, as shall be qualified according to 
this act. 

" Sec. 2. And be it further enacted, That no person whosoever shall be 
permitted to vote or act as a freeman in any town meeting in this State, 
but such only who are inhabitants therein, and who, at the time of such 
their voting and acting, are really and truly possessed, in their own proper 
right, of a real estate witiiin this State, to the full value of one hundred 
and thirty four dollars, or which shall rent for seven dollars per annum — 
being an estate in fee sinjple, fee tail, or an estate in reversion which quali- 
fies no other person to be a freeman, or at least an estate for a person's own 
life, or the eldest son of such a freeholder ; and that no estate of a less 
quality shall entitle any person to the freedom of this State." 

At their Jaiuiary session, A. D. 1822, the General Assembly again re- 
vised their laws; and in that year was published the Digest of 1822, This 
Digest contanis " An act regulating the maimer of admitting freemen, and 
directing the method of electing officers in this State." (Pages 89 to 98.) 

The 1st and 2d sections of this act are substantially the same as the above- 
quoted sections from the act of 1798; and such have been the require- 
ments of the laws of Rhode Island to entitle a person to the right of suf- 
fraire, until the constitution which was regularly adopted by the people in 
1842. 

The freehold qualification was the law of this State by the positive en- 
actment of the representatives of the people for more than one hundred 
years ; and, as is believed, was always required by the General Assembly 
as a qualification for adn)ission to the freedom of the colony, which has 
been, until recently, iudissolubly connected with the right of suffrage. 

Whatever the people of other States might think on this subject, the 
people of Rhode Island had a right to decide this question for tliemselves. 
The people of other Slates — the Congress of the United State — have no 



154 Doc. No. 225. 

right to interfere in this matter. If they have, what is to save ns from lliat 
consohdation of the States which is so much to be dreaded? And what is 
to save the rights of tlie small States — the rights of all the States — from 
destruction? 

Those wlio look upon this subject with wisdom and candor, will see, 
in the tenacity with which the people of Rhode Island bave cluno:, in 
past times, to their freehold qualification as the anchor of their safety, 
the reason for their so doing. They will see in the narrow limits of the 
State a reason which must have operated upon the agricultural interest to 
prevent that extension of suftVage which would give to the floating popu- 
lation, wliich is connected with manufactures and commerce, a power to 
rule the State in opposition to those who owned and tilled the soil and free- 
hold. Tiie strength of the old republican party in Rhode Island lay m the 
country ; and it is the country which has ever felt, until lately, that its 
strength and security lay in the freehold qualification. 

It has been supposed that the "cliarter government" (as it has been called 
by way of reproach,) has been imwilling to change the form of govern- 
ment. If the General Assembly had always refused to pass any law to 
call a convention to enable the peo[)le to form a constitution until recently, 
there might have been some ground for this accusation ; but there is no 
foundation in truth for such a statement. 

In January, 1824, an act was passed calling a convention for this pur- 
pose. The people responded to tliis call ; a convention assembled and 
formed a constitution, which was presented to tlie people for their adoptioti ; 
but it was rejected by the people, who preferred to remain under the 
charter. 

In J[M^e, 1834, the Legislature passed another act for the same purpose ; 
a convention met, made some progress, and adjourned ; but at the adjourn- 
ment, no quorum appearing, and the convention doubting whether they 
had power to compel the attendance of the men^ibers, declined proceeding 
any further. 

In January, 1811, the General Assembly passed another act upon this 
subject, and the people responded to the call ; a convention met ; a consti- 
tution containing a very liberal extension of suff'rage was framed and pro- 
posed to the people, and this was rejected by a small majority — by the votes 
of the friends of the charter, and those who were determined to force upon 
the Slate what has been called " the people's constitution." After this act 
of January, 1841, was passed, a convention of the suffrage men called a 
convention by their own authority, which framed the (so called) "people's 
constitution." 

By the rejection of the constitution framed by the convention under the 
act of January, 1841, the Stale of Rhode Island continued, as of course, un- 
der the old form of government. 

At the June session of the General Assembly, A. D. 1842, another act 
was passed, calling a convention of the people of this State to form a con- 
stitution. This act was understood to be satisfactory to many of tfie lead- 
ers of the Dorr party, and was passed in the hope of settling peaceably the 
troubles of the State. But it was not satisfactory to the leader of this party; 
and the General Assembly was summoned, immediately alter the passage 
of this act, to take measures to defend the State from invasion and insurrec- 
tion. From Newport they adjourned to Providence — there declared mar- 
tial law, and in a few days the leader of the insurgents fled the State, and 



Doc. No. 225. 155 

the insurgent camp at Chepadiet was broken up. Under the act of June, 
1842, a convention of the people was held, a constitution formed and 
adopted by the people, and a ijovernment organiz(d under it at Newport, in 
May, 1843, with all the requisite and legal' formalities, which now consti- 
tutes the government of the State. 

Subjoined are the legislative documents in relation to these several calls 
upon the peo{)le to form a constitution, from 1824 to 1842 : 

ACT OF JANUARY, 1824. 

AN ACT lo authorize the holding a convention for the purpose of forming a written con- 
siituiioa of government for this State. 

Section 1. Be it enacted by the General Assembly^ and by the author- 
ity thereof it is eyiacted. That the freemen of the several towns within this 
State, qiuilified to vote for general officers therein, be, and they hereby are re- 
quested, at ihe annual town meetings in April next, to choose so many dele- 
gates (and of like qtuilificaiions) as they are now respectively entitled to 
choose representatives in the General Assembly, to attend a convention. for 
the purpose of framing a written constitution of government for this State. 

Sec. 2. And be iifurlher enacted, That the delegates thus chosen 
shall meet in convention at Newport, on the twenty first day of June next, 
for the purpose aforesaid ; that a majority of the whole number of delegates 
which all the towns are entitled to choose shall constitute a quorum, who 
may elect a president and secretary, judge of the qualifications of the mem- 
bers returned, and establish such rules aniJ regulations for their govern- 
ment as they may think necessary : provided, however, that any town which 
may neglect to elect its legal numb-r of delegates at the said town meetings 
in April, may elect such delegates at any time previous to the meeting of 
said convention: provided, also, that said convention shall have power to 
adjourn from day to day, until a quorum may be formed, and until they 
shall have completed the object of their appointment. 

Sec. 3. And be it further enacted^ That after said convention shall have 
framed such a constitution of government as they may think proper, the 
same shall be submitted to the freemen for their ratification in town meet- 
ing to be called or holden at such tia)e as shall be directed by said conven- 
tion ; that the secretary of said convention shall, immediately after the dis- 
solution thereof, return to the Secretary of this State a true and attested 
copy of such constitution, signed by the president and secretary of said con- 
vention ; that the Secretary of this Slate shall thereupon forthwith prepare 
and distribute to the several town clerks, in due proportion, five hundred 
printed cojiies thereof, and also eight thousand ballots, on the face of which 
shall be printed as follows, viz: ''Do you ratify the constitution framed by 
the delegates met in convention at Newport, on the twenty first day of 
June, A. D. 1824 7' and on the back thereof— "Yes" or "No." 

Skc. 4. And be it further enacted, That at the town meetings to be 
called or holden as af resaid, every freeman voting therein shall write his 
name on the back of such ballot, which ballots shall be by the several town 
clerks sealed up in open town meeting, and, to(reiher with a copy of tlie list 
of the names of the persons wlio voted, shall be returned to the General 
Assembly at ils session next after the freemen have so voted thereon. 
And the said General Assembly shall examine and count the same, as votes 
for general officers are received and counted ; and if, upon such examina- 



156 Doc. No. 225. 

tion,it shall appear tfiat three fifths of the ballots thus returned are in favor 
of the ratification of such constitution, the same shall thereby be ratified and 
established accordingly, and the said constitution shall go into operation 
and effect at such time and in such manner as said convention shall pre- 
scribe. 

ACT OF JUNE, 1834. 

AN ACT to provide (or holding a convention for the purposes therein mentioned. 

Section 1. Be it enacted by the G.neral Assemhlij, and by the au- 
thority thereof it is enacted, That on the first Monday of September next, 
a convention shall be holden at Providence, for the purpose of amending 
tlie present, or proposing a new constitution for this State. 

SisC. 2. And be it further enacted, Tliat the freemen of the several towns 
within this State, and of the city of Providence, qualified to vote for gen- 
eral officers, be, and they are hereby, requested to choose, at the semi-annual 
town or ward meetings in Augtist next, so many delegates, and of like qual- 
ifications as they are now respectively entitled to choose representatives to 
the General Assembly, to attend said convention. 

Sf.c. 3. And be it further enacted, That a majority of the whole number 
of delegates wliich tdl the towns are entitled to choose, shall constitute a 
quorum, wlio may elect a president and secretary, judge of the qualifica- 
tions of the members, and establish such rules of proceeding as they may 
think necessary; and any town or city which may omit to elect its dele- 
gates at the said meetings in August, may elect them at any time previous 
to the meeting of the said convention. 

Sec. 4. And be it further enacted. That the constitution or amendments 
agreed npon by said convention shall be submitted to the freemen in open 
town or ward meetings, to be holden at such time as may be named by 
said convention. The said constitution or amendments shall be certified 
by the president and secretary, and returned to the Secretary of State, who 
shall forthwith distribute to the several town or city clerks, in due propor- 
tion, one thousand printed copies thereof, and also fifteen thousand ballots, 
on one side of which sliall be printed "Amendments (or constitution) adopted 
by the convention held at Providence on the first Monday of Sef)tember 
last;" and on the other side the word approve on one half of said ballots, 
and the word rtject on the other half. 

Sec. 5. And be it further enacted, That at the town or ward meetings 
to be holden as aforesaid, every freeman voting shall have his name writ- 
ten on the back of his ballot, and the ball>»ts shall be sealed up in open town 
or ward meeting by tlie clerks, and, with lists of the names of the voters, 
shall be returned to the General Assembly at its next succeeding session. 
And said Getieral Assembly shall cause said ballots to be examined and 
counted. And said amendments or constitution, being approved of by a 
majority of the freemen voting, shall go into operation and effect at such 
time as may be appointed by said convention. 

Sec. 6. And be it further enacted, That a sum not exceeding three hun- 
dred dollars be appropriated for defraying the expenses of said convention, 
to be paid according to the order of said convention, certified by its presi- 
dent ; and that tlie members thereof shall have no claim on the treasury of 
the State for pay for their attendance thereon. 



Doc. No 225. 157 



State of Hhode Island and Providence Plantations, 

In General Assembly^ January session., A. D. 1841. 

Resolved by the General Assembly, (the Senate concurring with the 
House of Representatives therein,) That the freemen of the several towns 
in this State, and of the city of Providence, qualified to vote for general 
officers, be, and they are hereby, requested to choose, at their senji-annnal 
town or ward meetnigs in AngUot next, so many delegates, and of like 
qualifications, as they are now respectively entitled to choose representa- 
tives to the General Assembly, to attend a convention, to be holden at Prov- 
idence on the first Monday of November, 1S41, to frame a new constitu- 
tion for this State, either in whole or in part, with full |)0wers for this pur- 
pose ; and, if only for a constitution in part, that said convention have under 
their especial consideration the expediency of equalizing the representa- 
tion of the towns in the House of Representatives. 

Resoloed, That a majority of the whole number of delegates which all 
the towns are entitled to choose shall constitute a quorum, who may elect 
a president and secretary, judge of the qualifications of the members, and 
establish such rules and proceedings as they may think necessary ; and 
any town or city which may omit to elect its delegates at the said meetings 
in August, may elect them at any time previous to the meeting of said 
convention. 

Resolved, That the constitution or amendments agreed upon by such 
convention shall be submitted to the freemen in open town or ward meet- 
ings, to be holden at such time as may be named by said convention. The 
said constitution or amendments shall be certified by the president and sec- 
retary, and returned to the Secretary of State, who shall forthwith distrib- 
ute to the several town and city clerks, in due proportion, one thousand 
printed copies thereof, and also fifteen thousand ballots, on one side of which 
shall be printed " amendments." or, " constitution adopted by the conven- 
tion holden at Providence on tlie first Monday of November last ;" and on 
the other side, the word approve on one half of the said ballots, and the 
word reject on the other half 

Resolved, That, at the town or ward meetings to be holden as aforesaid, 
every freeman voting shall have his name written on the back of his ballot; 
and the ballots shall be sealed up in open town or ward meeting by the 
clerks, and, with lists of the names of the voters, shall be returned to the 
General Assembly, at its next succeeding session ; and said General Assem- 
bly shall cause said ballots to be examined and counted ; and said amend- 
ments, or constitution, being approved of by a majority of the freemen vo- 
ting, shall go into operation and effect at such time as may be appointed by 
said convention. 

Resolved, That a sum not exceeding three hundred dollars be appropri- 
ated for defraying the expenses of said convention, to be paid according to 
the order of said convention, certified by its president. 
True copy: — Witness, 

HENRY BO WEN, Secretary. 



158 Doc. No. 225. 

State of Rhode Island and Providence Plantations, 

In General Assembly, May session, A. D. 1S41. 

Rtsolved by this General Assembly, (the Senate concurring; with the 
House of Representatives therein,) That tfie delegates from the several 
towns to the State convention, to be holden in November next, for the pur- 
pose of framing a State constitution, be elected on the basis of population, 
in the following manner, to wit : every town of not more than 850 inhab- 
itants may elect one delegate ; of more than 850 and not more tiian 3,000 
inhabitants, two delegates; of more than 3.000 and not more than 6,000 
inhabitants, three delegates; of more than 6,000 and not more than 10,000 
inhabitants, four delegates ; of more than 10,000 and not more than 15,000 
inhabitants, five delegates ; of more than 15,000 inhabitants, six delegates. 

Resolved, That the delegates attending said convention be entitled to re- 
ceive from the general treasury the same pay as members of the General 
Assembly. 

Resolved, That so much of the resolutions to which these are in amend- 
ment, as is inconsistent herewith, be repealed. 
True copy : — Witness, 

HENRY BOWEN, Secretary. 



State of Rhode Island and Providence Plantations, 

In General Assembly, January session, A. D. 1842. 

Resolved by this General Assembly, (the Senate concurring with the 
House of Representatives therein,) That the freemen of the towns in this 
State, in whose delegation to the convention called to frame a constitution 
vacancies have occurred since the meeting of thnt convention, or may here- 
after occur, be requested to elect delegates to fill those vacancies at town 
and ward meetings, to be holden before or during the session of said con- 
vention ; notice of such meetings to be given at least one day previous to 
the holding thereof. 

True copy : — Witness, 

HENRY BOWEN, Secretary. 

State of Rhode Island and Providence Plantations, 

In General Assembly, January session, A. D. 1S42. 

AN ACT in amendment of an act entitled " An act revising the act entitled 'An act regula- 
ting the manner of admitting Ireemen, and directing the method ot electing officers in this 
Slate.' " 

Whereas the good people of this State having elected delegates to a con- 
vention to form a constitution, which constitution, if ratified by the people, 
will be the supreme law of the State : therefore. 

Be it enacted by the General Assembly, as follows: 
All persons now qualified to vote, and those who maybe qualified to vote 
under the existing laws previous to the time of such their voting, and all 
persons who shall be qualified to vote under the provisions of such consti- 
tution, shall be qualified to vote upon the question of the adoption of said 
constitution. 

True copy : Witness, 

HENRY BOWEN, Secretary. 



Doc. No 225. 159 

At the session of the General Assembly, in January, 1S42, the conven- 
tion which assembled mider their own aniliority, communicatee! the (so 
called) ^'People's constitution''^ to the General Assembly, with their declara- 
tion that it had been adopted by the people, and was now '■'■the supreme 
law of the ^/.ate.'' Tho General Assembly at this session passed the follow- 
ing resolutions : 

State of Rhode Island and Providence Plantations, 

In General Assembly , January session, A. D, 1842. 

Whereas a portion of the people of this State, without the forms of law, 
have undertaken to form and establish a constitution of government for the 
people of this State, and have declared such constitution to be the snpreme 
law, and have communicated such constitution unto this General Assembly: 
and whereas many of the good people of this State are in danger of being 
misled by these informal proceedings : therefore, 

It is hereby resolved by this General Assembly, That all acts done by the 
persons aforesaid, for the [lurpose of imposing upon this State a constitution, 
are an assumption of the powers of government, in violation of the rights 
of the existing government, and of the rights of the people at large. 

Resolved, That the convention called and organized, in pursuance of an 
act of this General Assembly, for the purpose of forming a constitution to 
be submitted to the people of this State, is the only body which we can rec- 
ognise as authorized to form such a constitution ; and to this constitution 
the whole people have a right to look, and we are assured they will not 
look in vain, for such a form of government as will promote their peace, se- 
curity, and happiness. 

Resolved, That this General Assembly will maintain its own proper au- 
thority, and protect and delend the legal and constitiuional rights of the people. 
True copy : — Witness, 

HENRY BOWEN, Secretary. 



ACT OF JUNE, 1842. 

State of Rhode Island and Providence Plantations, 

In General Assembly, Ju?ie session, A. D. 1842. 

AN ACT to provide for calling a convention of the people of this Slate for the purpose of 
forming a new constitution or form of government for the people thereof. 

Be it enacted by the General Assembly as follows: 

Section 1. The people of the several towns in this State, and of the 
city of Providence, qualified to vote as hereinafter provided, are hereby re- 
quested, at the town or ward meetings holden on the last Tuesday of Ati- 
gust next, to choose so many delegates as they will be severally entitled to, 
accordino: to the provisions of this act, to attend a convention to be holden 
at Newport, on the second Monday of September next, to frame a new con- 
stitution for this State, either in whole or in part, with full powers for that 
purpose. 

Sec. 2. A majority of the whole number of delegates which all the 
towns and city of Providence are entitled to elect, shall constitute a quo- 



160 Doc. No. 225. 

mm, who may elect a president, secretaries, and other officers, judge of the 
election and qnalifioation of members, punish contempts, and establish such 
rules and proceedings as they may deem proper. Said convention may 
adjourn to any place they may think proper. Any town or city which may 
full to elect its delegates at the time prescribed, may choose them at any 
time before the meeting of the convention ; and vacancies, from resignations 
or otherwise, may be filled at any time by a new election. 

Sec. 3. The constitution or articles agreed upon by the convention shall 
be submitted to those qualified to vote as hereinafter provided, in open town 
or ward meetings, to be held on such day or days, and in such time and 
manner as the convention shall direct. The constitution or articles shall 
be certified by the president and secretaries, and, with the journal and pa- 
pers of the convention, deposited in the office of the Secretary of State, who 
shall immediately distribute to the several town and city clerks, in due pro- 
porliom£ve thousand printed copies of the constitution or articles, in pam- 
phlet form, and also thirty thousand ballots ; on one side of which shall be 
printed "Constitution, or articles proposed by (he convention holden at 
Newport on the second Monday of September, A. D. 1842;" and on the 
other side thereof shall be written or printed the word "adopt" on one half 
of them, and the word " reject" on the other half He shall also cause 
said consiiiution or articles to be published in any other manner the conven- 
tion may prescribe. 

Sec. 4. At said town or ward meetings every person voting shall have 
his name written on the back of his ballot ; and the ballots shall be sealed 
up in open town or ward meeting by the clerks, and, with lists of the 
voters, be returned to the General Assembly, at the next session -thereof, 
who sliall cause the votes to be examined and counted; and if said consti- 
tution or articles be adopted by a majority of the persons having a right to 
vote, the same shall go into operation at such time or times, and in such 
manner, as shall be appointed by the convention. 

Skc. 5. The delegates to said convention shall be elected upon a basis of 
population according to the census of 1840, as follows : Every town of not 
more than 3,000 inhabitants may elect two delegates ; over 3,000, and not 
over 6,(J00, three delegates ; over 6,000, and not over 10,000, four delegates ; 
over 10,(J()0, and not over 15,000, five delegates; and over 15,000, six del- 
egates. 

Siic. 6. In the choice of delegates to said convention, the following de- 
scription of persons shall be admitted to vote : All those who are qualified 
to vote for general officers by existing laws ; and all native male citizens 
of the United States, (except Narragansett Indians, convicts, paupers, per- 
sons under guardianship and non compos mentis^) who are of the age of 21 
years and upwards, and who shall have had their permanent residence or 
home within this State for the period of three years next preceding their 
voting, and in the town or city wherein they offer to vote for the period of 
one year next preceding such voting, and who shall have had their names 
recorded with the town or city clerk of the town or city in which they shall 
offer to vote, in proper books, to be kept by said town or city clerks for that 
purpose, at least ten days before the day of voting. In voting upon the 
adoption or rejection of said constitution or articles, in addition to those 
who are qualified to vote for general officers by the existing laws, all those 
shall be admitted to vote who will be qualified to vote for general officers 
under the provisions of said constitution or articles, if in force ; but this 



Doc. No. 225. 161 

provision shall not be constrned to give to any person a right to vote at any 
town or ward meetino', held under and by virtue of this act, upon any other 
question or questions than tlie questions herein specifically named. 

Sec. 7. The delegates shall receive the same compensation for attend- 
ance as members of the General Assembly, payable upon the certificate of 
the secretary. 

Sec. 8. A sum, not exceeding five hundred dollars, is hereby appropri- 
ated for defraying the expenses of said convention, to be paid out of the 
treasury to the order of the president thereof. 

Sec. 9. It shall be the duty of the town, city, and ward clerks to warn, 
according to law, the meetings hereby appointed, and those which may be 
ordered by said convention. 

Sec. 10. Any fourteen members of the convention, including the presi- 
dent, (if there be one,) ^hall have full power and authority to compel the 
attendance of absent members. It shall be the duty of the sheriff of the 
county where the convention shall be in session, to attend said convention, 
and execute the orders thereof. 

Sec. 11. Whenever in any town or ward meeting holden under this act, 
any dispute shall arise as to any person's residence, or other qualifications, 
the moderator or warden, or person presiding in said meetings, shall have 
authority to examine, under oath, the person offering to vote, and other 
persons who may be present, respecting the same, and decide upon his 
qualification, subject to review by the General Assembly. 
A true copy : — Witness, 

HENRY BO WEN, Secretary. 



State of Rhode Island and Providence Plantations, 

In Convention at Newport, September 2^, 1842. 

Whereas, from the manifest impracticability of ascertaining the precise 
number of persons that might have a right to vote on the adoption of any 
constitution to be submitted for adoption under the provisions of the act 
calling this convention, it is inferrible that it is the true intent of said act that 
none but those actually voting should be counted : and whereas there is an 
•ambiguity in said act m this particular: Therefore, 

Resolved, That the General Assembly be requested to pass such declar- 
atory law as may be deemed necessary for the plainer expression of the in- 
tent and meaning of the act aforesaid. 

Read and adopted. 

THOMAS A. JENCKES, Secretary. 



State of Rhode Island and Providence Plantations, 

In General Assembly^ October session, A. D. 1842. 

AN ACT to amend "An act to provide for calling a convention of the people of this State for 
the purpose of forming a new constitution or form of government for the people thereof," 
passed at the June session, A. D. 1840. 

Whereas the convention which assembled at Newport on the second 

Monday of September last, in pursuance of the provisions of the act afore- 

11 



162 Doc. No. 225. 

said, have requested this General Assembly to declare the true intent and 
construction of a portion of the fourth section of said act: Therefore, 

Be it enacted by the General Assembly, as follows : 

If the constitution or articles that may be framed and submitted to the 
people under the provisions of said act, be adopted by a majority of the 
persons having a right to vote, and actually voting, upon the question of 
adopting the same, the said constitution or articles shall become the su- 
preme law of the State ; and shall go into operation at such time or times, 
aud in such manner, as shall be appointed by said convention. 
True copy : — Witness, 

HENRY BOW EN, Secretary. 



The Constitution of the State of Rhode Island and Providence Planta- 
tions, adopted November, 1842. 

We, the people of the State of Rhode Island and Providence Planta- 
tions, grateful to Almighty God for the civil aud religious liberty which He 
hath so long permitted us to enjoy, and looking to Him for a blessing upon 
our endeavors to secure and to transmit the same, unimpaired, to succeed- 
insf venerations, do ordain and establish this Constitution of Government. 

ARTICLE I. 
Declaration of certain constitutional rights and p?'inciples. 

In order effectually to secure the religious and political freedom estab- 
lished by our venerated anctstors, and to preserve the same for our posteri- 
ty, we do declare that the essential and unquestionable rights and princi- 
ples hereinafter mentioned shall be established, maintained, and preserved, 
and shall be of paramount obligation in all legislative, judicial, and execu- 
tive proceedings. 

Section 1. In the words of the Father of his country, we declare that 
" the basis of our political systems is the right of the people to make and 
alter their constitutions of government; but that the constitution which at 
any time exists, till changed by an explicit and authentic act of the whole 
people, is sacredly obligatory upon all." 

Sec. 2. All free governments are instituted for the protection, safety, and 
happiness of the people. All laws, therefore, should be made for the good 
of the whole ; and the burdens of the State ought to be fairly distributed 
among its citizens. 

Sec. 3. Whereas Almighty God hath created the mind free; and all 
attempts to influence it by temporal punishments or burdens, or by civil 
incapacitations, tend to beget habits of hypocrisy and meanness : and 
whereas a principal object of our venerable ancestors, in their migration to 
this country, and their settlement of this State, was, as they expressed it, 
to hold forth a lively experiment that a flourishing civil State may stand 
and be best maintained with full liberty in religious concernments : we, 
therefore, declare that no man shall be compelled to frequent or to support 
any religious worship, place, or ministry whatever, except in fulfilment of his 
own voluntary contract ; nor enforced, restrained, molested, or burdened 
in his body or goods ; nor disqualified from holding any office ; nor other- 



Doc. No. 225. 163 

wise suffer on account of his religious belief; and tliat every man shall be 
free to worship God according to the dictates of his own conscience, and 
to profess, and by argument to maintain, his opinion in matters of religion ; 
and that the same sliall in nowise diminish, enlarge, or affect his civil ca- 
pacity. 

Sec. 4. Slavery shall not be permitted in this State. 

Sfx. 5. Every person v/ithin this State ought to find a certain remedy, 
by having recourse to the laws, for all injuries or wrongs which he may 
receive in his person, property, or character. He ought to obtain right and 
justice freely and without purchase, completely and without denial, 
promptly and without delay, conformably to the laws. 

Sec. 6. The right of the people to be secure in their persons, papers, 
and p<)ssessions, against unreasonable searches and seizures, shall not be 
violated ; and no warrant shall issue but on complaint in writing, upon 
probable cause, supported by oath or affirmation, and describing as nearly 
as mny be the place to be searched, and the persons or things to be seized. 

Sec. 7. No person shall be held to answer tor a capital or other infamous 
crime, unless on presentment or indictment by a grand jury, except in cases 
of impeachment, or of such offences as are cognizable by a justice of the 
peace; or in cases arising in the land or naval forces, or in the militia, 
when in actual service in time of war or public danger. No person shall, 
after an acquittal, be tried for the same offence. 

Sec. 8. Excessive bail shall not be required, nor excessive fines imposed 
nor cruel punishments inflicted ; and all punishments ought to be propor 
tioned to the offence. 

Sec. 9. All persons imprisoned ought to be bailed by sufficient surety, 
unless for offences punishable by death or by imprisonment for life, when 
the proof of guilt is evident or the presumption great. The privilege of 
the writ of habeas corpus shall not be suspended, unless when in cases 
of rebellion or invasion the public safety shall require it ; nor ever, without 
the authority of the General Assembly. 

Sec. U). In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury; to be informed of the 
nature and cause of the accusation, to be confronted with the witnesses 
against him, to have compulsory process for obtaining them in his favor, 
to have the assistance of counsel in his defence, and shall be at liberty to 
speak for himself; nor shall he be deprived of life, liberty, or property, un- 
less by the judgment of his peers, or the laws of the land. 

Sec. II. The person of a debtor, when there is not strong presumption 
of fraud, ought not to be continued in prison after he shall have delivered 
up his property for the benefit of his creditor, in such manner as shall be 
prescribed by law. 

Sec. 12. No ex post facto law, or law impairing the obligation of con- 
tracts, shall be passed. 

Sec. 13. No man in a court of common law shall be compelled to give 
evidence criminating himself. 

Sec. 14. Every man being presumed innocent until he is pronounced 
guilty by the law, no act of severity which is not necessary to secure an 
accused person shall be permitted. 

Sec. 15. The right of trial by jury shall remain inviolate. 

Sec. 16. Private property shall not be taken for public uses without just , 
compensation. 



164 Doc. No. 225. 

Sec. 17. The people shall continue to enjoy and freely exercise all the 
rights of fishery, and the privileges of the shore, to which they have been 
heretofore entitled under the charter and usages of this State. But no new 
right is intended to be granted, nor any existing right impaired, by this dec- 
laration. 

Sec. 18. The military shall be held in strict subordination to the civil 
authority. And the law martial shall be used and exercised in such cases, 
only, as occasion shall necessarily require. 

Sec. 19. No soldier shall be quartered in any house, in time of peace, 
without the consent of the owner; nor in tinie of war, but in manner to 
be prescribed by law. 

Sec. 20. The liberty of the press being essential to the security of Iree- 
dom in a state, any person may publish his sentiments on any subject, 
being responsible for the abuse of that liberty; and in all trials for libel, 
both civil and criminal, the truth, unless published from raahcious motives, 
shall be sufficient delence to the person charged. 

Sec. 21. The citizens have a right, in a peaceable manner, to assemble 
for their common good, and to apply to those invested with the powers of 
government lor redress of grievances, cr for other purposes, by petition,, 
address, or remonstrance. 

Sec. 22. The right of the people to keep and bear arms shall not be in- 
fringed. 

Sec. 23. The enumeration of the foregoing rights shall not be construed 
to impair or deny others retained by the people. 

ARTICLE II. 
Of the qualification nf electors. 

Section 1. Every male citizen of the United States, of the age of twenty- 
one years, who has had his residence and home in this State for one year, 
and in the town or city in which he may claim a right to vote six months 
next preceding the time of voting, and who is really and truly possessed, in 
his own right, of real estate in such town or city, of the value of one hun- 
dred and thirty four dollars over and above all incumbrances, or which 
shall rent for seven dollars per annum over and above any rent reserved, or 
the interest of any incumbrances thereon, being an estate in fee simple, fee 
tail, for the life of any person, or an estate in reversion or remainder, which 
qualities no other person to vote, the conveyance of which estate, if by deed, 
shall have been recorded at least ninety days, shall thereafter have a right 
to vote in the election of all civil officers, and on all questions in all legal 
town or ward meetings, so long as he continues so qualified. And if any 
person hereinbefore described shall own any such estate within this State, 
out of the town or city in which he resides, he shall have a right to vote in 
the election of all general officers, and members of the General Assembly. 
in the town or city in which he shall have had his residence and home for 
the terra of six months next preceding the election, upon producing a cer- 
tificate from the clerk of the town or city in which his estate lies, bearing 
date within ten days of the time of his voting, setting forth that such person 
has a sufllcient estate therein to qualify him as a voter ; and that the deed, 
if any, has been recorded ninety days. 

Sec. 2. Every [ ] male native citizen of the United States, of the age of 



Doc. No. 225. 165 

twenty one years, who has had his residence and home in this State two 
years, and in ihe town or city in which he may offer to vote six months next 
preceding the time of voting, whose name is registered pursuant to the act 
caliino- the convention to (Vanje this constitution, or shall be registered in 
the office of the clerk of such town or city at least seven days before the 
time he shall offer to vote, and before the last day of December in the pres- 
ent year, and who has paid or shall pay a tax or taxes assessed upon his 
€state within this State, and within a year of the time of voting, to the amount 
of one dollar, or who shall voluntarily pay at least seven days before the 
time he shall offer to vote, and before said last day of December, to the 
clerk or treasurer of the town or city where he resides, the sum of one dol- 
lar, or such sum as, with his other taxes, shall amount to one dollar, for the 
support of public schools therein, and shall make proof of the same, by the 
certificate of the clerk, treasurer, or collector of any town or city where such 
payment is made ; or who, being so registered, has been enrolled in any mil- 
itary company in this State, and done military service or duty therein, with- 
in the present ye;ir, pursuant to law, and shall (until other proof is required 
by law) prove bv the certificate of the officer legally commanding the regi- 
ment, or chartered or legally authorized volunteer company, in which he 
may have served or done duty, that he has been equipped and done duty 
according to law, or, by the certificate of the commissioners upon military 
clanns. tliat he has perlbrmed military service, shall have a right to vote in 
the election of all civil officers, and on all questions in all legally organized 
town or ward meetings, until the end of the first year after the adoption of 
this constitution, or umil the end of the year eighteen hundred and forty- 
three. 

From and after that time, every such citizen who has had the residence 
<!erein required, and whose name shall be registered in the town where he 
resides, on or befire the last day of December, in the year next preceding 
the time of his voting, and who shall show, by legal proof, that he has for 
and within the year next preceduig the time he shall offer to vote, paid a 
tax or taxes assessed against him in any town or city in this State, to the 
amount of one dollar, or that he has been enrolled in a military company 
in this State, been equipped and done duty therein, according to law, and 
at least for one dav during such year, shall have a right to vote in the elec- 
tion of all civil officers, and on all questions in all legally organized town or 
ward meetings: Providad, That no person shall at any time be allowed to 
vote in the election of the city council of the city of Providence, or upon 
any proposition to impose a tax, or for the expenditure of money in any town 
or city, unless he shall, within the year next preceding, have paid a tax 
assessed upon his property therein, valued at least at one hundred and thir- 
ty-four dollars. 

Sec. 3. The assessors of each town or city shall annually assess upon 
every person whose name shall be registered, a tax of one dollar, or such 
sum as with his other taxes shall amount to one dollar ; which registry tax 
shall be paid into the treasury of such town or city, and be applied to the 
support of public schools therein. But no compulsory process shall issue 
for the collection of any registry tax: Provided^ That the registry tax of 
every person who has performed military duty according to the provisions 
of the preceding section, shall be remitted for the year he shall perform such 
duty; and the registry tax assessed upon any mariner, for any year while 
iie is at sea, shall upon his application be remitted ; and no person shall be 



166 Doc. No. 225. 

allowed to vote whose registry tax, for either of the two years next pre- 
ceding the time of voting, is not paid or remitted as iierein provided. 

Sec. 4. No person in the mihtary, naval, marine, or any other service of 
the United States, shall be considered as haviny the required residence by 
reason of being employed in any garrison, barrack, or military or naval sta- 
tion in this State ; and no pauper, lunatic, person non compos 'mentis, per- 
son under guardianship, or member of the Narraganselt tribe of Iiidians, 
shall be permitted to be registered or to vote. Nor shall any person convicted 
of bribery, or of any crime deemed infamous at common law, be permitted 
to exercise that privilege, unless he be expressly restored thereto by act of 
the (Jeneral Assembly, 

Sec. 5. Persons residing on lands cedtd by this State to the United States, 
shall not be entitled to exercise the privilege of electors. 

Sec. 0. The General Assembly shall have full power to provide for a 
registry of voters, to prescribe the manner of conducting the elections, the 
form of certificates, the nature of the evidence to be required in case of a 
dispute as to the right of any person to vote, and generally to enact all laws 
necessary to carry tliis article into effect, and to prevent abuse, corruption, 
and fraud in voting. 

ARTICLE III. 

Of the distribution of }}owers. 

The powers of government shall be disiributtd into three departments — 
the legislative, executive, and judicial. 

ARTICLE IV. 

Of the legislative ])ower. 

Section 1. This constitution shall be the supreme law of the State, and 
any law inconsistent therewith shall be void. The General Assembly shall 
pass all laws necessary to carry this constitution into effect. 

Sec. 2. The legislative power under this constitution shall be vested in 
two Houses — the one to be called the Senate, the other the House of Repre- 
sentatives ; and both together, the General Assembly. The conciMTence of 
the two Houses shall be necessary to the enactment of laws. The style of 
their laws shall be, Jt is enacted by the General Atisembly as follows. 

Sec. 3. There shall be two sessions of the General Assembly holden 
annually — one at Newport, on the first Tuesday of May, for the purposes 
of election and other business: the other on the last Monday of October. 
which last session shall be holden at South Kingstown once in two years, 
and the intermediate years alternately at Bristol and East Greenwich ; and 
an adjournment from the October session shall be holden annually at Prov- 
idence. 

Sec. 4. No member of the General Assembly shall take any fee, or be of 
counsel in any case pending before either House of the General Assembly, 
under penalty of forfeiting his seat, upon proof thereof to tlie satisfaction of 
the House of which he is a member. 

Sec. 5. The person of every member of the General Assembly shall be 
exempt from arrest, and his estate from attachment, in any civil action, 
during the session of the General Assembly, and two days before tlie com- 



Doc. No. 225. 167 

mencementj and two days after the termination thereof; and all process 
served contrary hereto shall be void. For any speech in debate, in either 
House, no member shall be questioned in any other place. 

Sec. G. Each House shall be the judge of the elections and qualifications 
of its members; and a majority shall constitute a quorum to do business; 
but a smaller number may adjourn from day to day, and may compel the 
attendance of absent members, in such manner and under such penalties 
as may be prescribed by such House or by law. The organization of the 
two Houses may be regulated by law, subject to the limitations contained 
in this constitution. 

Sec. 7. Each House may determine its rules of proceeding, punish con- 
tempts, punish its members for disorderly behavior, and, with the concur- 
rence of two-thirds, expel a member; but not a second time for the same 
cause. 

Sec. 8. Each House shall keep a journal of its proceedings. The yeas 
and nays of the members of either House shall, at the desire of one-fifth of 
those present, be entered on the journal. 

Sec. ^. Neither House shall, during a session, without the consent of the 
other, adjourn for more than two days, nor to any other place than that in 
which they may be sitting. 

Sec. 10. The General Assembly shall continue to exercise the powers 
they have heretofore exercised, unless prohibited in this constitution. 

Sec. 11. The Senators and Representatives shall receive the sum of one 
dollar for every day of attendance, and eight cents per mile for travellino- 
expenses in going to and returning from the General Assembly. The 
General Assembly shall regulate the compensation of the Governor and all 
other officers, subject to the limitations contained in this constitution. 

Sec. 12. All lotteries shall hereafter be prohibited in this State, except 
those already authorized by the General Assembly. 

Sec. 13. The General Assembly shall have no power hereafter, without 
the express consent of the people, to incur State debts to an amount exceed- 
ing fifty thousand dollars, except in time of war, or in case of insurrection 
or invasion ; nor shall they in any case, without sucli consent, pledge the 
ftiith of the State for the payment of the obligations of others. This section 
shall not be construed to refer to any money that may be deposited with this 
Stale by the Government of the United States. 

Skc. 14. The assent of two-thirds of the members elected to each House 
of the General Assembly shall be required to every bill appropriating the 
public money or property for local or private purposes. 

Sec. 15. The General Assembly shall, from time to time, provide for ma- 
king new valuations of property for the assessment of taxes, in such manner 
as they mav deem best. A new estimate of such property shall be taken 
before the first direct State tax after the adoption of this constitution shall 
be assessed. 

Sec. 16. The General Assembly may provide by law for the continuance 
in office of anv officers of annual election or appointment, until other per- 
sons are qualified to take their places. 

Sec. 17. Hereafter when any bill shall be presented to either House of 
the General Assembly, to create a corporation for any other than for reli- 
gious, literary, or charitable purposes, or for a nnlitary or fire company, it 
shall be contmued until another election of members of the General Assem- 



168 Doc. No. 225. 

bly shall have taken place; and such public notice of the pendency thereof 
shall be given as may be required by law. 

Sec. 18. It shall be the duty of the two Houses, upon the request of 
either, to join in grand committee for the purpose of electing Senators in 
Congress, at such times, and in such manner, as may be prescribed by law 
for said elections. 

ARTICLE V. 
Of the House of Representatives. 

Section 1. The House of Representatives shall never exceed seventy- 
two members, and shall be constituted on the basis of population, always 
allowing one Representative for a fraction exceeding half the ratio ; but 
each town or city shall always be entitled to at least one member; and no 
town or city shall have more than one-sixth of the whole number of mem- 
bers to which the House is hereby Inuited. The present ratio shall be one 
Representative to every fifteen hundred and thirty inhabitants; and the 
General Assembly may, after any new census taken by the authority of the 
United States or of this State, reapportion the representation by altering 
the ratio; but no town or city shall be divided into districts for the choice 
o{ Representatives. 

Sec. 2 The House of Representatives shall have authority to elect its 
speaker, clerks, and other oflicers. The senior member from the town of 
Newport, if any be present, shall preside in the organization of the House. 

ARTICLE VI. 
Of the Senate. 

Section 1. The Senate shall consist of the Lieutenant Governor, and of 
one Senator from each town or city in the State. 

Sec. 2. The Governor, and, in his absence, the Lieutenant Governor, 
shall preside in the Senate, and in grand conmiittee. The presiding ofilcer 
of the Senate and gra'id committee shall have aright to vote in case of 
equal division, but not otherwise. 

Sec. 3. If, by reason of death, resignation, absence, or other cause, there 
be no Governor or Lieutenant Governor present, to preside in the Senate, 
the Senate shall elect one of their own members to preside during such ab- 
sence or vacancy ; and until such election is made by the Senate, tlie Sec- 
retary of State shall preside. 

Sec. 4. The Secretary of State shall, by virtue of his office, be Secretary 
of the Senate, unless otherwise provided by law ; and the Senate may elect 
such other ofhcers as they may deem necessary. 

ARTICLE VII. 

Of the executive poiver. 

Section \. The chief executive power of this State shall be vested in a 
Governor, who, together with a Lieutenant Governor, shall be annually 
elected by the people. 



Doc. No. 225. 169 

Sec. 2. The Governor shall take care that the laws be faithfully exe- 
cuted. 

Sec. 3. He shall be captain g;eneral and commander-in-chief of the mil- 
itary and naval forces of this State, except when they shall be called into 
the service of the United States. 

Sec. 4. He shall have power to grant reprieves, after conviction, in all 
cases, except those of impeachment, until the end of the next session of the 
General Assembly. 

Sec. 5. He may fill vacancies in office not otherwise provided for by 
this constitution or by law, until the same shall be filled by the General 
Assembly or by the people. 

Sec. 6. In case of disagreement between the two Houses of the General 
Assembly, respecting the tmie or place of adjournment, certified to him by 
either, he may adjourn them to such time and place as he shall think prop- 
er : Provided., That the time of adjournment shall not be extended beyond 
the day of the next stated session. 

Sec. 7. He may, on extraordinary occasions, convene (he General As- 
sembly at any town or city in this State, at any time not provided for by 
law ; and in case of danger from the prevalence of epidemic or contagious 
disease in the place in which the General Assembly are by law to meet, or 
to which they may have been adjourned, or for other urgent reiisons, he may, 
by proclamation, convene said Assembly at any other f)!ace within this 
Slate. 

Sec. 8. All commissions shall be in the name and by authority of the 
State of Rhode Island and Providence Plantations ; shall be sealed with 
the State seal, signed by the Governor, and attested by the Secretary. 

Sec. 9. In case of vacancy in the office of Governor, or of his inability 
to serve, impeachment, or absence from the State, the Lieutenant Governor 
shall fill the office of Governor, and exercise the powers and authority ap- 
pertaining thereto, until a Governor is qualified to act, or until the office is 
filled at the next annual election. 

Sec. 10. If the offices of Governor and Lieutenant Governor be both va- 
cant, by reason of death, resignation, impeachment, absence, or otherwise, 
the person entitled to preside over the Senate for the time being shall, in 
like manner, fill the office of Governor during such absence or vacancy. 

Sec. H. The compensation of the Governor and Lieutenant Governor 
shall be established by law, and shall not be diminished during the term 
for which ihey are elected. 

Sec. 12. The duties and powers of the Secretary, Attorney General, and 
General Treasurer, shall be the same under this constitution as are now 
established, or as, from time to time, may be prescribed by law. 

ARTICLE VIII. 

Of elections. 

Sec'iion 1. The Governor, Lieutenant Governor, Senators, Representa- 
tives, Secretary of State, Attorney General, and General Treasurer, shall be 
elected at the town, city, or ward meetings, to be holden on the first Wed- 
nesday of April, annually ; and shall severally hold their offices for one 
year, from the first Tuesday of May next succeeding, and until others are 
legally chosen, and duly qualified to fill their places. If elected or qualified 



170 Doc. No. 225. 

after the said first Tuesday of May, they shall hold their offices for the re- 
nuunder of the political year, and until their successors are qualified to act. 

Sl:c. 2. The voting for Governor, Lieutenant Governor, Secretary of 
Stale, Attorney General, General Treasurer, and Representatives to Con- 
gress, shall he by ballot; Senators and llepresentatives to the General As- 
sembly, and tovvnor city officers, shall he chosen by ballot, on demand of 
any seven persons entitled to vote for the same; and in all cases where an 
election is made by ballot, or paper vote, the manner of balloting shall be 
the same as is now required in voting for general officers, until otherwise 
prescribed by law. 

Sec. 3. The names of the persons voted for as Governor, Lieutenant 
Governor, Secretary of State, Attorney General, and General Treasurer, 
shall be placed upon one ticket; and all votes for these officers shall, in open 
town or ward meetings, be sealed up by the moderators and town clerks, 
and by the wardens and ward clerks, who shall certify the same, and deliv- 
er or send them to the Secretary o( State, whose duty it shall be securely to 
keep and deliver the same to the grand committee after the organization of 
the two Houses at the aimual May session ; and it shall be the duly of the 
two Houses, at said session, after their organization, upon the request of 
either House, to join in grand committee, for the purpose of counting and de- 
claring said votes, and of electing other officers. 

Sec. 4. The town and ward clerks shall also keep a correct list or regis- 
ter of all persons votinij for general officers, and shall transmit a copy 
thereof to the General Assembly on or before the first day of said May 
session. 

Sec. 5. The ballots for Senators and Representatives in the several 
towns shall, in each case after the polls are declared to be closed, be counted 
by the moderator, who shall announce the result, and the clerk shall give 
certificates to the persons elected. If in any case there be no election, the 
polls may be re-opened, and the like proceedings shall be had until an elec- 
tion shall lake place: Provided, /wivever, That an adjournment or adjourn- 
ments of the election may be made to a time not exceeding seven days from 
the first meeting. 

Sec. 6. In the city of Providence, the polls for Senator and Representa- 
tives shall be kept open during the whole time of voting for the day, and 
the votes in the several wards shall be scaled up at the close of the meeting 
by the wardens and ward clerks in opeti ward meeting, and afterwards de- 
livered to the city clerk. The mayor and aldermen shall proceed to count 
said votes within two days from the day of election ; and if no election of 
Senator and Representatives, or if an election of only a portion of the 
Representatives shall have taken place, the mayor and aldermen shall order 
a new election, to be held not more than ten days from the day of the first 
election, and so on imtil ilie election shall be completed. Certificates of 
election shall be furnished by the city clerk to the persons chosen. 

Sec. 7. If no person shall have a majority of votes for Governor, it shall 
be the duty of the grand committee to elect one by l)allot from the two per- 
sons having the hiirhest number of votes for the oflice, except when such a 
result is produced by rejecting the entire vote o( any town, city, or ward 
for informality or illegality ; in which case, a new election by the electors 
throughout the State shall be ordered: and in case no person shall have a 
majority of votes for Lieutenant Governor, it shall be the duty of tlie grand 



Doc. No. 225. 171 

conimiltee to elect one by ballot from the two persons having the highest 
number of votes for the office. 

Sec. S. In case an election of the Secretary of State, Attorney General, or 
General Treasurer should fail to be made by the electors at the annual elec- 
tion, the vacancy or vacancies shall be filled by the General Assembly in 
grand coamiittee, from the two candidates for such office havina,- the great- 
est number of the votes of the electors. Or in case of a vacancy in either 
of said offices from other causes, between the sessions of the General As- 
sembly, the Governor shall appoint some person to fill tlie same until a suc- 
cessor electfd by the General Assembly is qualified to act ; and in such 
case, and also in all other cases of vacancies not otherwise provided for, 
the General Assembly may fill the same in any manner they may deem 
proper. 

Sec. 9. Vacancies from any cause in the Senate or House of Representa- 
tives may be filled by a new election. 

Sec. 10. In all elections held by the people under this consti'ution, a 
majority of all the electors voting shall be necessary to the election of the 
persons voted for. 

ARTICLE IX 
Of qualifications for office. 

Section I. No person shall be eligible to any civil office, (except the 
office of school committee,) unless he be a qualified elector (or such office. 

Sec. 2. Every person shall be disqualified from holding any office to 
which he n)ay have been elected, if he be convicted of having offered, or 
procured any other person to otfer, any bribe to secure his election, or the 
election of any other person. 

Sec. 3. All ijeneral officers shall take the following engagement before 

they act in their respective offices, to wit: You beiuir liy tlie free 

vote of the electors of this State of Rhode Island and Providence Planta- 
tions, elected luito the place of , do solemnly swear (or afiiraj) to be 

true and faithful unto this State, and to support the constitution of this 
State and of the United States; that you will faithfully and impartially 
discharge all the duties of your aforesaid office to the best of your abilities, 
according to law: so help you God. Or, this affirmation you make and 
give upon the peril of the penalty of perjury. 

Sec. 4. The members of the General Assembly, the judges of all the 
courts, and all other officers, both civil and military, shall be bound by oath 
or affirmation to support this constitution, and the constitution of the United 
States. 

Sec. 5. The oath, or affirmation, shall be administered to the Governor, 
Lieutenant Governor, Senators, and Representatives, by the Secretary of 
State, or, in his absence, by the Attorney General. The Secretary of State, 
Attorney General, and General Treasurer, shall be engaged by the Gover- 
nor, or by a justice of the supreme court. 

Sec. 6. No person holding any office under the Government of the United 
States, or of any other Stain or country, shall act as a o^eneral officer, or as 
a member of the General Assembly, unless, at, the time of taking his en- 
gagement, he shall liave resigned his oliice under such Government. 
And il any general oflicer, Senator, Representative, or judge, shall, alter his 



174 Doc No. 225. 

annual meetinsr, shall approve any proposition thus made, the same shall 
be publislied and submitted to the electors in the mode provided in the act 
of approval ; and if then approved by three fifths of the electors of the Stale 
present, and voting thereon in town and ward meetings, it shall become a 
part of the constitution of the State. 

ARTICLE XIV. 

(>J the ado/ilinii. of tfm constitution. 

Section 1. This constitution, if adopted, shall go into operation on the 
first Tuesday of May, in the year one thousand eight hundred and forty- 
three. The first election of Governor, Lieutenant Governor, Secretary of 
State, Attorney General, and General Treasurer, and of Senators and Rep. 
resentatives under said constitution, shall be had on the first Wednesday of 
April next preceding, by the electors qualified under said constitution. And 
the town and ward meetings therefor shall be warned and conducted as is 
now provided by law. All civil and military officers now elected, or who 
shall be hereafter elected, by the General Assembly, or other competent au- 
thority, before the said first VVtdnesday of April, shall hold their offices, and 
may exercise their powers, until the said first Tuesday of May, or until 
their successors shall be qualified to act. All statutes, public and private, 
not repugnant to this constitution, shall continue in force until they expire 
by their own limitation, or are repealed by the General Assembly. All char- 
ters, contracts, judgments, actions, and rights of action, shall be as valid as 
if this constitution had not been made. The present Goverimient shall ex- 
ercise all the powers with which it is now clothed, until the said first Tues- 
day of May, one thousand eight hundred and forty-three, and until the Gov- 
ernment, under this constitution, is duly organized. 

Sec. 2. All debts contracted, and engagements entered into, before the 
adoption of this constitution, shall be as valid against the State as if this 
constitution had not been adopted. 

Sec. 3. The supreme court, established by this constitution, shall have 
the same jurisdiction as the supreme judicial court at present established; 
and shall have jurisdiction of all causes which may be appealed to, or pend- 
ing in the same; and shall be h^ld at the same times and places, and in 
each county, as the present supreme judicial court, until otherwise pre- 
scribed by the General Assembly. 

Sec. 4. The towns of New Shoreham and .Tamestown shall continue to 
enjoy the exemptions from military duty which they now enjoy, until other- 
wise prescribed by law. 

Done in convention at East Greenwich, this fifth day of November, 

1842. 

JAMES FENNER, President. 
HENRY Y. CRANSTON, Vice President. 
Thomas A. Jenckes, ) ^^,,,^„,,.,,, 
Walter W.Updike, ) 



State of Rhode Island and Providence Plantations, 

In Convention, November 5, ^4. D. 1842. 

Resolved, That the constitution framed by this convention be certified 
by the officers thereof, and, with the journal and papers of the convention, 



Doc. No 225. 175 

be deposited in (he office of the Secretary of State, who shall cause said 
constitution, together with this resolution, and all acts and resolutions of the 
General Assembly relatino: to this convention, to be printed and distributed 
according to law; and that said constitution be submitted to all the people 
who may be by law authorized to vote thereon, for their ratification or re- 
jection, at towt) or ward meetino;s to be holden in the several towns and in 
the city of Providence, on Monday, Tuesday, and Wednesday, tlie '21st, 
22d and 23d days of November, A. D. 1842. The several town and city 
clerks shall issue the necessary warrants for said meetings. Said meetings 
shall be kept open for tlie reception of votes during the time herein specified, 
and longer if necessary, viz: from the hour of 9 o'clock in the forenoon 
until 4 o'clock in the afternoon ; and in the town of Newport and city of 
Providence, until 7 o'clock iti the evening on the days appointed. 

in the first line of the second section of article second, relating to the 
qualification of electors, when the constitution is enrolled, thert' shall be a 
blank space left between the words every ixnd 7/^rt^e; and at tlie meetings 
hereinbefore appointed for voting upon the coHstitution, the following ques- 
tion shall also be separately submitted, to be voted upon by those who may 
be authorized to vote for or against said constitution, viz : " In case the con- 
stitution framed by the convention assembled at Newport in September, 
1842, be adopted, shall the blank in the first line of section second of article 
second of said constitution be filled by the word wliiteV^ and a sufficient 
number of affirmative and negative ballots for this purpose shall be printed 
and distributed by the secretary. And in case said constitution be adopted, 
and there shall also be a majority of votes in favor of filling said blank with 
said word white, ihe General Assembly shall cause the blank to be so filled, 
and the same shall be a part of said constitution, in the same manner as if 
originally inserted therein by this convention. But if there he a majority 
of votes against filling said blank as aforesaid, the constitution shall be 
printed without said blank. And if said constitution, be not adopted, the 
vote taken in relation to said word whi/e shall be of no effect. And the 
town and ward clerks shall keep separate lists of the votes of all colored 
persons under the second section of the article on the qualifications of elec- 
tors, who may vote on the question of the adoption of the constitution, and 
also on the question of the insertion of the word ivhite in said section ; and 
these ballots shall be placed in separate parcels in the sealed packages of 
ballots to be returned by the town and ward clerks to the General Assembly. 

The ballots upon the adoption of said constitution, and also upon the 
question in relation to said word v^hite, shall be returned to the next session 
of the General Assembly holden after the meetings herein appointed, in 
order that they may cause the votes to be counted and the result declared. 

Read and adopted. 

THOS. A. JENCKES, Secretary. 



In Convention, November 5, 1842. 

Resolved^ That the town and city clerks give immediate notice of the 

time appointed by this convention for voting upon this constitution, and also 

of the time appointed for the completion of the registry of votes according 

to the provisions of section second, article second, of said constitution; and 



176 Doc. No. 225. 

that the secretary of the convention cause copies of this resokition to be 
forwarded to all the town and city clerks in the State. 
Read and adopted. 

THOS. A. JENCKES, Secretary. 



Secretary's Office, Providence, Novemberl, 1842. 
I certify the foregoing constitution and resohitions of the convention and 
acts of the General Assembly, to be true copies of the records in my office. 
Witness, 

HEiNRY BO WEN, Secretary. 



Organization under the constitution of 1842. 

The following account of the organization of the government under the 
constitution of 1842, and the dissolution of the jiovernment under the 
charter, is taken from the appendix to the address delivered by William G. 
Goddard, esq., in presence of the General Assembly, May 3, 1843, in com- 
memoration thereof: 

"The General Assembly, under the charter, convened at the State-house 
in Newport on Monday, May I, 1843, agreeably to a vote of adjournment 
passed at the session in January. A quorum of both Houses bemg present, 
the session was opened at 3 o'clock, p. m., by prayer by the Rev. Francis 
Yinton, rector of Trinity church, Newport. 'I'he two Houses, in grand 
committee, then adopted the following resolution : 

^'Resolved, That Messrs. Lawton, Fenner, Potter, Harris, and Bosworth, 
of the Senate, and Messrs. Cranston, Branch, Updike, Remmgton,and Hall, 
of the House, be a committee to be present at and witness the organiza- 
tion of the government under the constitution adopted by the people of this 
State in November last; and that said committee make report to this Gen- 
eral Assembly as soon as said organization shall be completed, in conformity 
to the provisions of said constitution, in order that this General Assembly 
may know when its functions shall have constitutionally passed into the 
hands of those who have been legally chosen by the people to receive and 
exercise the same." 

The grand committee then adjourned till 5 o'clock the next day, Tues- 
day, May 2, 1843. 

The General Assembly, under the constitution adopted by the people in 
November, A. D. 1842, convened at the State house in Newport on the first 
Tuesday of May, 1843, agreeably to the provisions of that instrument, at 11 
o'clock, a. m. 

The members of the new Senate and House assembled in separate cham- 
bers, for the purpose of organizing the government. His excellency Sam- 
uel Ward King, the last Governor under the charter of 1663, presided in 
the organization of the new Senate ; and the senior member from the town 
of Newport, (the Hon. Henry Y. Cranston,) and the clerks of the old 
House, acted as officers of the new House until it was organized. 

In the Senate thirty one Senators (the whole number) were found to be 
present. After receiving their certificates of election, the Secretary of State 
(the Hon. Henry Bowen) administered the oath prescribed by the constitu- 
tion. 



Doc. No. 225. 177 

In the House, after the observance of the customary formalities, the Sec- 
retary of State adoiinistered the oath to the members, a hirge majoiity of 
whom were found to be present. Hon. Alfred Bosworth was then elected 
Speaker for the year ensuing-, and Thomas A. Jenckes and Joseph S. Pit- 
man clerks for the year ensuing. 

His excellency tlie Governor and the honorable Senate then joined the 
House in grand committee, for the purpose of receiving the votes for gen- 
eral officers, and of appointing a committee to count the same. 

The session of the General Assembly was then opened by prayer by the 
Rev. Francis Vinton. 

After receiving the ballots from the Secretary of State, the grand com- 
mittee appointed a committee to count them, consisting of one Senator and 
three Representatives from each county. To this committee were then 
added the Secretary of State and the clerks of the House. 

The grand committee then adjourned till 5 o'clock in the afternoon of 
the same day. 

The grand committee met at 5 o'clock : his excellency Governor King in 
the chair. 

The committee appointed to count the votes for general officers, made 
report as follows : 

Whole number of votes for Governor . - . . 16.520 

For James Fenner - - - - 9,107 

Thomas F. Carpenter - - - 7,392 

Scattering - - - - 21 

Majority for Fenner - - 1,694 

Whole number of votes for Lieutenant Governor, - - 16,612 

For Byron Diman _ . , . 9,'^12 

Benjamin B. Thurston - - - 7,398 

Scattering - - - - 2 

Majority for Diman - - 1,812 

Whole number of votes for Secretary of State - - - 16,594 

For Henry Bowen .... 9,212 

Dexter Randall .... 7,378 
Scattering - - - - 4 

Majority for Bowen - - VSSO 

Whole number of votes for Attorney General - - - 16,591 

For Joseph M. Blake .... 9,217 

Samuel Y. Atwell - - - 7,372 

Scattering .... 2 

Majority for Blake - - 1,843 

Whole number of votes for General Treasurer - - - 16,598 

For Stephen Cahoone - - - 9,215 

Josiah S. Munro .... 7,383 

Majority for Cahoone - - 1,832 

"The foregoing report being read and accepted, it was thereupon Re- 
solved, That the said James Fenner be declared elected Governor; Byron 
Diman, Lieutenant Governor; Henry Bowen, Secretary of State ; Joseph 
M. Blake, Attorney General ; and Stephen Cahoone, General Treasurer, 
12 



178 Doc. No. 225. 

who were severally engaged according to the provisions of the constitu- 
tion." Governor King, who, during the ceremony, was seated in the iden- 
tical oaken chair in which, one hundred and eighty years ago, Governor 
Arnold received the charter, immediately resigned his seat to his successor ; 
■while the Speaker of the House called out as usual, "Sheriff, clear the 
way ; sergeant, make proclamation that his excellency James Fenner is 
elected Governor, Captain General, and Commanderin chief of the State of 
Rhode Island and Providence Plantations for the year ensuing." The 
crowd gave way, and the town sergeant of the town of Newport made the 
customary proclamation of the election of Governor to the people, from the 
balcony of the State house. After proclaiming the other general officers, 
in a similar manner, the sergeant added, according to the pious formality 
observed by our ancestors : " God save the State of Rhode Island and 
Providence Plantations." The roar of artillery and the shouts of the peo- 
ple followed the proclamation made by the sergeant. 

The two Houses then separated. 

The following joint resolution passed both Houses on the same day : 

'■'■Resolved by this General Assembly^ That Messrs. Cranston and Chace, 
of Newport; Ames and Branch, of Providence; Hazard and Barber, of 
Washington; Whipple and Brayton, of Kent; Hall and Cole, of Bristol-, 
with the Senators from Providence, Little Compton, Westerly, Warwick, 
and Warren, — be a committee to wait upon the General Assembly, under 
the charter here legally convened, and announce to said General Assembly, 
in grand committee assembled, that the government under the charter is 
duly organized." 

The House then adjourned till 10 o'clock, a. m., the next day; and the 
Senate till 3 o'clock, p. m., the next day. 



After the adjournment (on Tuesday) of the General Assembly under the 
constitution, the General Assembly under the charter convened in grand 
committee, Governor King in the chair. 

The committee appointed by the General Assembly under the constitu- 
tion, appeared, and made report through their chairman, the Senator from 
Providence, that the government under the new constitution was legally 
organized. 

The committee appointed by the grand committee on Monday, to witness 
the organization of the new government, made the following report: 

To the honorable General Assembly of the State of Rhode Island, ^'c, 
710W assembled at Newport, under the charter of this State. 

The subscribers, appointed by this honorable body a committee to be 
present at the organization of the new General Assembly under the consti- 
tution recently adopted by the people of this State, respectfully report: 
That they have attended to the duty assigned to them ; that the Senate and 
House of Representatives, under the constitution, have been duly organized, 
according to the provisions of said constitution, and the act passed at the 
last January session of the General Assembly, regulating their organisa- 



Doc. No. 225. 179 

lion ; and that, therefore, according to the provisions of said constitution, 
the power of the government, as organized under the charter, has ceased. 

EDWARD W. LAWTON, 
Et.ISHA HARRIS, 
ELISHA R. POTTER, 
HEZEKIAH BOS WORTH, 
HENRY Y. CRANSTON, 
WILKINS UPDIKE, 
BENJAMIN HALL, 
BENJAMIN F. REMINGTON, 
STEPHEN BRANCH. 
Newport, Tuesday^ May 2, 1843. 

Whereupon, the following resolution was adopted : 

In Gkneral Assembly, 
Tuesday, May 2d, 1843. 

Resolved, That the foregoing report be accepted, and that this General 
Assembly be, and the same is hereby, declared to be dissolved. 

With the passa2:e of this resolution, the last General Assembly under 
the old charter ceased to exist. 



State of Rhode Island and Providence Plantations, 

Secretary's Office, March 19, 1844. 

I certify that the papers contained in the printed sheets annexed, pur- 
porting to be copies or abstracts from the colonial or State records of Rhode 
Island, are true copies and abstracts of the same, duly examined. 

Witness : H E N RY BO WEN, Secretary. 



LeFe'l4 



